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Monday, June 7, 2021

1:07 PMRegular SessionALBANY, NEW YORK
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                                                               4328

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    June 7, 2021

11                      1:07 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR JAMAAL T. BAILEY, Acting President

19  ALEJANDRA N. PAULINO, ESQ., Secretary

20  

21  

22  

23  

24  

25  


                                                               4329

 1                P R O C E E D I N G S

 2                 ACTING PRESIDENT BAILEY:   The 

 3    Senate will come to order.  

 4                 I ask everyone present to please 

 5    rise and recite the Pledge of Allegiance.

 6                 (Whereupon, the assemblage recited 

 7    the Pledge of Allegiance to the Flag.)

 8                 ACTING PRESIDENT BAILEY:   In the 

 9    absence of clergy, let us bow our heads in a 

10    moment of silent reflection and/or prayer.

11                 (Whereupon, the assemblage respected 

12    a moment of silence.)

13                 ACTING PRESIDENT BAILEY:   Reading 

14    of the Journal.

15                 THE SECRETARY:   In Senate, Sunday, 

16    June 6, 2021, the Senate met pursuant to 

17    adjournment.  The Journal of Saturday, June 5, 

18    2021, was read and approved.  On motion, the 

19    Senate adjourned.

20                 ACTING PRESIDENT BAILEY:   Without 

21    objection, the Journal stands approved as read.

22                 Senator Gianaris.

23                 SENATOR GIANARIS:   At this time 

24    we're going to go right into an immediate meeting 

25    of the Rules Committee in Room 332.


                                                               4330

 1                 ACTING PRESIDENT BAILEY:   There 

 2    will be an immediate meeting of the Rules 

 3    Committee in Room 332.  

 4                 The Senate will stand at ease.

 5                 SENATOR GIANARIS:   The Senate will 

 6    stand at ease.

 7                 (Laughter.)

 8                 ACTING PRESIDENT BAILEY:   The 

 9    Senate will stand at ease.  Thank you, Senator 

10    Gianaris.  I apologize.

11                 (Whereupon, the Senate stood at ease 

12    at 1:08 p.m.)

13                 (Whereupon, the Senate reconvened at 

14    1:28 p.m.)

15                 ACTING PRESIDENT BAILEY:   The 

16    Senate will return to order.

17                 Presentation of petitions.

18                 Messages from the Assembly.

19                 The Secretary will read.

20                 THE SECRETARY:   Senator Kennedy 

21    moves to discharge, from the Committee on Rules, 

22    Assembly Bill Number 7506 and substitute it for 

23    the identical Senate Bill 3536A, Third Reading 

24    Calendar 358.

25                 ACTING PRESIDENT BAILEY:   


                                                               4331

 1    Substitution so ordered.

 2                 THE SECRETARY:   Senator Skoufis 

 3    moves to discharge, from the Committee on Rules, 

 4    Assembly Bill Number 924A and substitute it for 

 5    the identical Senate Bill 1625A, Third Reading 

 6    Calendar 464.

 7                 ACTING PRESIDENT BAILEY:    

 8    Substitution so ordered.

 9                 THE SECRETARY:   Senator Rivera 

10    moves to discharge, from the Committee on Health, 

11    Assembly Bill Number 6671A and substitute it for 

12    the identical Senate Bill 5944A, Third Reading 

13    Calendar 732.

14                 ACTING PRESIDENT BAILEY:   

15    Substitution so ordered.

16                 THE SECRETARY:   Senator Kaminsky 

17    moves to discharge, from the Committee on Rules, 

18    Assembly Bill Number 6890 and substitute it for 

19    the identical Senate Bill 6189, Third Reading 

20    Calendar 933.

21                 ACTING PRESIDENT BAILEY:    

22    Substitution so ordered.

23                 THE SECRETARY:   Senator Harckham 

24    moves to discharge, from the Committee on Rules, 

25    Assembly Bill Number 7639 and substitute it for 


                                                               4332

 1    the identical Senate Bill 6327, Third Reading 

 2    Calendar 1068.

 3                 ACTING PRESIDENT BAILEY:    

 4    Substitution so ordered.

 5                 THE SECRETARY:   Senator Kavanagh 

 6    moves to discharge, from the Committee on Rules, 

 7    Assembly Bill Number 7272 and substitute it for 

 8    the identical Senate Bill 6412, Third Reading 

 9    Calendar 1092.

10                 ACTING PRESIDENT BAILEY:    

11    Substitution so ordered.

12                 THE SECRETARY:   Senator Benjamin 

13    moves to discharge, from the Committee on Codes, 

14    Assembly Bill Number 2653 and substitute it for 

15    the identical Senate Bill 1217, Third Reading 

16    Calendar 1214.

17                 ACTING PRESIDENT BAILEY:   

18    Substitution so ordered.

19                 THE SECRETARY:   Senator May moves 

20    to discharge, from the Committee on Rules, 

21    Assembly Bill Number 6590B and substitute it for 

22    the identical Senate Bill 4652B, Third Reading 

23    Calendar 1261.

24                 ACTING PRESIDENT BAILEY:    

25    Substitution so ordered.


                                                               4333

 1                 THE SECRETARY:   Senator Hinchey 

 2    moves to discharge, from the Committee on 

 3    Consumer Protection, Assembly Bill Number 7552 

 4    and substitute it for the identical Senate Bill 

 5    6691, Third Reading Calendar 1402.

 6                 ACTING PRESIDENT BAILEY:    

 7    Substitution so ordered.

 8                 THE SECRETARY:   Senator Savino 

 9    moves to discharge, from the Committee on 

10    Consumer Protection, Assembly Bill Number 3213A 

11    and substitute it for the identical Senate Bill 

12    5395A, Third Reading Calendar 1450.

13                 ACTING PRESIDENT BAILEY:    

14    Substitution so ordered.

15                 THE SECRETARY:   Senator Bailey 

16    moves to discharge, from the Committee on Rules, 

17    Assembly Bill Number 7679 and substitute it for 

18    the identical Senate Bill 7098, Third Reading 

19    Calendar 1470.

20                 ACTING PRESIDENT BAILEY:    

21    Substitution so ordered.

22                 THE SECRETARY:   Senator Salazar 

23    moves to discharge, from the Committee on Rules, 

24    Assembly Bill Number 7680 and substitute it for 

25    the identical Senate Bill 7099, Third Reading 


                                                               4334

 1    Calendar 1471.

 2                 ACTING PRESIDENT BAILEY:    

 3    Substitution so ordered.

 4                 THE SECRETARY:   Senator Addabbo 

 5    moves to discharge, from the Committee on Rules, 

 6    Assembly Bill Number 7662 and substitute it for 

 7    the identical Senate Bill 7102, Third Reading 

 8    Calendar 1474.

 9                 ACTING PRESIDENT BAILEY:    

10    Substitution so ordered.

11                 THE SECRETARY:   Senator Mannion 

12    moves to discharge, from the Committee on Rules, 

13    Assembly Bill Number 7653 and substitute it for 

14    the identical Senate Bill 7104, Third Reading 

15    Calendar 1476.

16                 ACTING PRESIDENT BAILEY:    

17    Substitution so ordered.

18                 THE SECRETARY:   Senator Comrie 

19    moves to discharge, from the Committee on Rules, 

20    Assembly Bill Number 6265 and substitute it for 

21    the identical Senate Bill 3434, Third Reading 

22    Calendar 1485.

23                 ACTING PRESIDENT BAILEY:    

24    Substitution so ordered.

25                 THE SECRETARY:   Senator May moves 


                                                               4335

 1    to discharge, from the Committee on Rules, 

 2    Assembly Bill Number 7566 and substitute it for 

 3    the identical Senate Bill 6745, Third Reading 

 4    Calendar 1502.

 5                 ACTING PRESIDENT BAILEY:    

 6    Substitution so ordered.

 7                 THE SECRETARY:   Senator Mannion 

 8    moves to discharge, from the Committee on Rules, 

 9    Assembly Bill Number 7697 and substitute it for 

10    the identical Senate Bill 6963, Third Reading 

11    Calendar 1507.

12                 ACTING PRESIDENT BAILEY:    

13    Substitution so ordered.

14                 THE SECRETARY:   Senator Hinchey 

15    moves to discharge, from the Committee on Rules, 

16    Assembly Bill Number 4328A and substitute it for 

17    the identical Senate Bill 7071, Third Reading 

18    Calendar 1509.

19                 ACTING PRESIDENT BAILEY:    

20    Substitution so ordered.

21                 THE SECRETARY:   Senator Harckham 

22    moves to discharge, from the Committee on Rules, 

23    Assembly Bill Number 1456 and substitute it for 

24    the identical Senate Bill 7114, Third Reading 

25    Calendar 1513.


                                                               4336

 1                 ACTING PRESIDENT BAILEY:    

 2    Substitution so ordered.

 3                 THE SECRETARY:   Senator Ryan moves 

 4    to discharge, from the Committee on Rules, 

 5    Assembly Bill Number 7377 and substitute it for 

 6    the identical Senate Bill 7116, Third Reading 

 7    Calendar 1514.

 8                 ACTING PRESIDENT BAILEY:    

 9    Substitution so ordered.

10                 THE SECRETARY:   Senator Parker 

11    moves to discharge, from the Committee on 

12    Corporations, Authorities and Commissions, 

13    Assembly Bill Number 4496 and substitute it for 

14    the identical Senate Bill 1557, Third Reading 

15    Calendar 118.

16                 ACTING PRESIDENT BAILEY:    

17    Substitution so ordered.

18                 Messages from the Governor.

19                 Reports of standing committees.

20                 Reports of select committees.

21                 Communications and reports from 

22    state officers.

23                 Motions and resolutions.

24                 Senator Gianaris.

25                 SENATOR GIANARIS:   Thank you, 


                                                               4337

 1    Mr. President.  

 2                 Let's start by taking up the report 

 3    of the Rules Committee which is at the desk.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Senator 

 7    Stewart-Cousins, from the Committee on Rules, 

 8    reports the following bills:  

 9                 Senate Print 309A, by Senator Myrie, 

10    an act to amend the Election Law; 

11                 Senate Print 415, by Senator Biaggi, 

12    an act to amend the Vehicle and Traffic Law and 

13    the General Municipal Law; 

14                 Senate Print 680, by 

15    Senator Harckham, an act to amend the Vehicle and 

16    Traffic Law; 

17                 Senate Print 760, by Senator Biaggi, 

18    an act to amend the Banking Law; 

19                 Senate Print 1019A, by 

20    Senator Kaminsky, an act to amend the 

21    Education Law; 

22                 Senate Print 1022A, by 

23    Senator Ramos, an act to amend the 

24    Workers' Compensation Law; 

25                 Senate Print 1165, by 


                                                               4338

 1    Senator Kaminsky, an act to amend the 

 2    General Business Law; 

 3                 Senate Print 2521B, by 

 4    Senator Rivera, an act to amend the 

 5    Public Health Law; 

 6                 Senate Print 2911, by 

 7    Senator Parker, an act to amend the 

 8    Mental Hygiene Law;

 9                 Senate Print 3081, by 

10    Senator Salazar, an act to amend the 

11    General Business Law; 

12                 Senate Print 3160A, by 

13    Senator Comrie, an act to amend the 

14    Public Authorities Law;

15                 Senate Print 3227, by 

16    Senator Persaud, an act to amend the 

17    Agriculture and Markets Law; 

18                 Senate Print 3345, by 

19    Senator Felder, an act to amend the 

20    Education Law; 

21                 Senate Print 3468A, by 

22    Senator Kennedy, an act to amend the 

23    Executive Law;

24                 Senate Print 3638, by Senator Ortt, 

25    an act to amend the Executive Law; 


                                                               4339

 1                 Senate Print 3759, by 

 2    Senator Kaplan, an act to amend the Retirement 

 3    and Social Security Law; 

 4                 Senate Print 4110A, by 

 5    Senator Breslin, an act to amend the State 

 6    Finance Law and the Public Authorities Law; 

 7                 Senate Print 4150B, by 

 8    Senator Reichlin-Melnick, an act to amend the 

 9    Public Health Law; 

10                 Senate Print 4254, by 

11    Senator Gianaris, an act to amend the 

12    Insurance Law; 

13                 Senate Print 4271, by Senator 

14    Gallivan, an act to authorize Timothy Colling 

15    to receive certain credit under Section 384-d;

16                 Senate Print 4323B, by 

17    Senator Comrie, an act to establish a 

18    construction industry advisory council; 

19                 Senate Print 4410C, by 

20    Senator Mayer, an act to amend the Parks, 

21    Recreation and Historic Preservation Law; 

22                 Senate Print 4421, by 

23    Senator Parker, an act to amend the Tax Law; 

24                 Senate Print 4535, by 

25    Senator Gaughran, an act to amend the Public 


                                                               4340

 1    Authorities Law and the Public Service Law; 

 2                 Senate Print 4687B, by 

 3    Senator Mayer, an act to amend the 

 4    Public Officers Law;

 5                 Senate Print 4697, by 

 6    Senator Breslin, an act to amend the 

 7    General Obligations Law; 

 8                 Senate Print 4938C, by 

 9    Senator Martucci, an act to authorize the 

10    Village of New Paltz, County of Ulster, to 

11    alienate and discontinue the use of certain 

12    parklands;

13                 Senate Print 5144B, by 

14    Senator Gianaris, an act to amend the 

15    Real Property Law;

16                 Senate Print 5199, by 

17    Senator Hinchey, an act to amend the 

18    Public Health Law; 

19                 Senate Print 5245A, by 

20    Senator Brooks, an act to amend the 

21    Education Law; 

22                 Senate Print 5286, by 

23    Senator Parker, an act to amend the 

24    Social Services Law;

25                 Senate Print 5389, by 


                                                               4341

 1    Senator Parker, an act to amend the 

 2    Real Property Tax Law; 

 3                 Senate Print 5868A, by 

 4    Senator Parker, an act to amend the 

 5    Public Service Law; 

 6                 Senate Print 5872, by 

 7    Senator Savino, an act to amend the 

 8    General Business Law; 

 9                 Senate Print 5934, by 

10    Senator Parker, an act to authorize Top Community 

11    Development Corporation to file an application 

12    for a real property tax exemption; 

13                 Senate Print 6156, by Senator Boyle, 

14    an act to amend the Highway Law; 

15                 Senate Print 6194B, by 

16    Senator Brouk, an act to amend the County Law; 

17                 Senate Print 6240, by 

18    Senator Oberacker, an act to amend the 

19    Real Property Tax Law; 

20                 Senate Print 6269, by 

21    Senator Parker, an act to amend the 

22    Social Services Law; 

23                 Senate Print 6310B, by Senator Ryan, 

24    an act to amend the Real Property Tax Law; 

25                 Senate Print 6335A, by 


                                                               4342

 1    Senator Kennedy, an act to amend the Vehicle and 

 2    Traffic Law; 

 3                 Senate Print 6415A, by 

 4    Senator Gaughran, an act to amend the 

 5    Social Services Law; 

 6                 Senate Print 6437A, by Senator Weik, 

 7    an act to amend Chapter 719 of the Laws of 1982; 

 8                 Senate Print 6445A, by 

 9    Senator Reichlin-Melnick, an act to amend the 

10    General Municipal Law; 

11                 Senate Print 6486B, by 

12    Senator Parker, an act to amend the 

13    Environmental Conservation Law; 

14                 Senate Print 6546A, by 

15    Senator Gallivan, an act to amend the 

16    Highway Law; 

17                 Senate Print 6548, by 

18    Senator Gallivan, an act to amend the 

19    Highway Law; 

20                 Senate Print 6676A, by 

21    Senator Brouk, an act to amend the Real Property 

22    Tax Law; 

23                 Senate Print 6694, by Senator 

24    Harckham, an act to amend the Education Law; 

25                 Senate Print 6702, by Senator Rath, 


                                                               4343

 1    an act to incorporate the East Amherst 

 2    Fire Department Benevolent Association; 

 3                 Senate Print 6708, by 

 4    Senator Parker, an act to amend the Labor Law; 

 5                 Senate Print 6730, by Senator Boyle, 

 6    an act to authorize the widower of Jeannette M. 

 7    Feminella to file a retirement option election 

 8    form; 

 9                 Senate Print 6744, by 

10    Senator Salazar, an act to amend the 

11    Education Law; 

12                 Senate Print 6781A, by 

13    Senator Kavanagh, an act to amend the 

14    Alcoholic Beverage Control Law;

15                 Senate Print 6799, by 

16    Senator Oberacker, an act to amend the 

17    Highway Law; 

18                 Senate Print 6825, by Senator Mayer, 

19    an act to amend the Education Law; 

20                 Senate Print 6839, by 

21    Senator Kaminsky, an act to amend the Vehicle and 

22    Traffic Law; 

23                 Senate Print 6847, by 

24    Senator Palumbo, an act to amend the Town Law; 

25                 Senate Print 6876A, by 


                                                               4344

 1    Senator Jordan, an act in relation to directing 

 2    the Commissioner of Education, in consultation 

 3    with the Superintendent of Financial Services and 

 4    the Office of the State Comptroller; 

 5                 Senate Print 6893, by Senator Liu, 

 6    an act to amend Chapter 602 of the Laws of 1980; 

 7                 Senate Print 6959A, by 

 8    Senator Cooney, an act in relation to certain 

 9    credits for any future application for a license 

10    to sell alcohol; 

11                 Senate Print 6961A, by 

12    Senator Reichlin-Melnick, an act in relation to 

13    authorizing Cong Yeshiva Zera Yakov, Inc., to 

14    file an application for a real property tax 

15    exemption;

16                 Senate Print 6976, by 

17    Senator Gounardes, an act to amend the 

18    Retirement and Social Security Law; 

19                 Senate Print 7010C, by 

20    Senator Kaminsky, an act to amend the 

21    Environmental Conservation Law; 

22                 Senate Print 7026, by 

23    Senator Kavanagh, an act to amend the 

24    Private Housing Finance Law; 

25                 Senate Print 7027, by 


                                                               4345

 1    Senator Parker, an act in relation to maintaining 

 2    the continued viability of the state's existing 

 3    large-scale, renewable energy resources; 

 4                 Senate Print 7028, by Senator 

 5    Hinchey, an act to amend the Public Service Law; 

 6                 Senate Print 7033, by 

 7    Senator Brisport, an act to amend the Penal Law 

 8    and the Criminal Procedure Law; 

 9                 Senate Print 7060, by Senator Ortt, 

10    an act to amend the Alcoholic Beverage 

11    Control Law; 

12                 Senate Print 7073, by 

13    Senator Bailey, an act to amend the 

14    Executive Law; 

15                 Senate Print 7089, by Senator Liu, 

16    an act to amend Chapter 188 of the Laws of 1978; 

17                 Senate Print 7109, by 

18    Senator Persaud, an act to amend the 

19    Social Services Law; 

20                 Senate Print 7124A, by 

21    Senator Brouk, an act to amend the Real Property 

22    Tax Law; 

23                 Senate Print 7133, by 

24    Senator Persaud, an act to amend the 

25    Social Services Law; 


                                                               4346

 1                 Senate Print 7135, by Senator Ramos, 

 2    an act to amend the Labor Law; 

 3                 Senate Print 7149, by 

 4    Senator Krueger, an act to amend the 

 5    Private Housing Finance Law; 

 6                 Senate Print 7151, by Senator 

 7    Stavisky, an act to amend the Executive Law; 

 8                 Senate Print 7155, by 

 9    Senator Reichlin-Melnick, an act in relation to 

10    authorizing NYSARC, Inc., Rockland County Chapter 

11    to file with the Town of Clarkstown assessor an 

12    application for certain real property tax 

13    exemptions; 

14                 Senate Print 7156, by 

15    Senator Reichlin-Melnick, an act to authorize the 

16    assessor of the Town of Clarkstown, County of 

17    Rockland, to accept from the Nyack Union Free 

18    School District an application for exemption from 

19    real property taxes;

20                 Senate Print 7157, by Senator 

21    Parker, an act to amend the Public Service Law 

22    and the General Business Law; 

23                 Senate Print 7159, by 

24    Senator Gounardes, an act to amend the 

25    Administrative Code of the City of New York; 


                                                               4347

 1                 Senate Print 7160, by 

 2    Senator Gounardes, an act to amend the 

 3    Real Property Tax Law; 

 4                 Senate Print 7171, by 

 5    Senator Brisport, an act to amend the 

 6    Family Court Act and the Criminal Procedure Law; 

 7                 Senate Print 7172, by 

 8    Senator Bailey, an act to amend the 

 9    Family Court Act; 

10                 Senate Print 7173, by 

11    Senator Bailey, an act to amend the 

12    Family Court Act; 

13                 Senate Print 7176, by 

14    Senator Parker, an act to amend the Energy Law; 

15                 Senate Print 7177, by 

16    Senator Krueger, an act to amend the 

17    Workers' Compensation Law; 

18                 Senate Print 7184, by Senator Mayer, 

19    an act in relation to authorizing the City of 

20    New Rochelle, County of Westchester, to sell, 

21    convey and alienate certain land; 

22                 Senate Print 7185, by Senator May, 

23    an act to amend the Public Authorities Law; 

24                 Senate Print 7186, by 

25    Senator Brooks, an act to amend the 


                                                               4348

 1    General Municipal Law and the Town Law;

 2                 Senate Print 7187, by 

 3    Senator Cooney, an act making an appropriation to 

 4    pay to the children of the late David F. Gantt; 

 5                 Senate Print 7189, by Senator Mayer, 

 6    an act to amend the Education Law; 

 7                 Senate Print 7194, by 

 8    Senator Rivera, an act to amend the 

 9    State Finance Law; and 

10                 Senate Print 7196, by Senator Myrie, 

11    an act to amend the General Business Law.

12                 All bills reported direct to third 

13    reading.

14                 SENATOR GIANARIS:   Move to accept 

15    the report of the Rules Committee.

16                 ACTING PRESIDENT BAILEY:   All those 

17    in favor of accepting the report of the 

18    Rules Committee signify by saying aye.

19                 (Response of "Aye.")

20                 ACTING PRESIDENT BAILEY:   Opposed, 

21    nay.

22                 (No response.)

23                 ACTING PRESIDENT BAILEY:   The 

24    Rules Committee report is accepted.

25                 Senator Gianaris.


                                                               4349

 1                 SENATOR GIANARIS:   Mr. President, 

 2    amendments are offered to the following 

 3    Third Reading Calendar bills:  

 4                 By Senator Biaggi, page 4, 

 5    Calendar 100, Senate Print 452;

 6                 By Senator Sanders, page 5, 

 7    Calendar 173, Senate Print 1449;

 8                 By Senator Skoufis, page 23, 

 9    Calendar 866, Senate Print 6187;

10                 By Senator Biaggi, page 25, 

11    Calendar 930, Senate Print 399;

12                 By Senator Biaggi, page 38, 

13    Calendar 1239, Senate Print 4943A; 

14                 By Senator Gounardes, page 24, 

15    Calendar 896, Senate Print 784A;

16                 By Senator Hoylman, page 11, 

17    Calendar 499, Senate Print 991B;

18                 And by Senator Biaggi, 

19    Calendar 1520, Senate Print 415. 

20                 ACTING PRESIDENT BAILEY:   The 

21    amendments are received, and those bills shall 

22    retain their places on the Third Reading 

23    Calendar.

24                 SENATOR GIANARIS:   I also wish to 

25    call up the following bills, which were recalled 


                                                               4350

 1    from the Assembly and are now at the desk:  

 2                 Senate Bills 3126A, 199A, 2929A, 

 3    1443, 5759A, and 4516B.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Calendar Number 

 7    256, Senate Print 3126A, by Senator Parker, an 

 8    act to amend the Public Service Law and the 

 9    Energy Law.  

10                 Calendar Number 420, Senate Print 

11    199A, by Senator Kaplan, an act to amend the 

12    Transportation Law.

13                 Calendar Number 526, Senate Print 

14    2929A, by Senator Parker, an act in relation to 

15    designating Kings County as a cease-and-desist 

16    zone.  

17                 Calendar Number 1258, Senate Print 

18    1443, by Senator Addabbo, an act to amend the 

19    Racing, Pari-Mutuel Wagering and Breeding Law.

20                 Calendar Number 807, Senate Print 

21    5759A, by Senator Brisport, an act to amend the 

22    Social Services Law.

23                 Calendar Number 1336, Senate Print 

24    4516B, by Senator Kaplan, an act to amend the 

25    Penal Law.


                                                               4351

 1                 SENATOR GIANARIS:   Move to 

 2    reconsider the vote by which these bills were 

 3    passed.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Secretary will call the roll on reconsideration.

 6                 (The Secretary called the roll.)

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT BAILEY:   The bills 

 9    are restored to their places on the Third Reading 

10    Calendar.

11                 SENATOR GIANARIS:   I offer the 

12    following amendments.

13                 ACTING PRESIDENT BAILEY:   The 

14    amendments are received.

15                 SENATOR GIANARIS:   Please recognize 

16    Senator Lanza.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Lanza.

19                 SENATOR LANZA:   Mr. President, on 

20    behalf of Senator Oberacker, I offer the 

21    following amendments to Calendar Number 1557, 

22    Senate Print 6240, and ask that said bill retain 

23    its place on Third Reading Calendar.

24                 ACTING PRESIDENT BAILEY:   The 

25    amendments are received, and the bill shall 


                                                               4352

 1    retain its place on the Third Reading Calendar.

 2                 Senator Gianaris.

 3                 SENATOR GIANARIS:   At this time, 

 4    Mr. President, let's take up previously adopted 

 5    Resolution 180, by Senator Serino, read its title 

 6    and recognize Senator Serino.

 7                 ACTING PRESIDENT BAILEY:   The 

 8    Secretary will read.

 9                 (Pause.)

10                 ACTING PRESIDENT BAILEY:   The 

11    Secretary will read.  

12                 THE SECRETARY:   Senate Resolution 

13    180, by Senator Serino, memorializing 

14    Governor Andrew M. Cuomo to proclaim June 15, 

15    2021, as Elder Abuse Awareness Day in the State 

16    of New York.

17                 ACTING PRESIDENT BAILEY:   Senator 

18    Serino on the resolution.

19                 SENATOR SERINO:   Thank you, 

20    Mr. President.  It's very nice to see you.  

21                 Next week, on Tuesday, June 15th, 

22    people from around the world will come together 

23    to observe Elder Abuse Awareness Day in an effort 

24    to shed light on an epidemic that has flown under 

25    the radar for far too long.  While the statistics 


                                                               4353

 1    vary, we know that for every case of elder abuse 

 2    reported, studies estimate that at least 20 cases 

 3    actually go unreported.  Financial exploitation 

 4    costs American seniors billions -- that's B -- 

 5    billions of dollars each year.  

 6                 I've brought this resolution before 

 7    the Senate for years, but never has it been more 

 8    important.  Abusers count on their victims to be 

 9    socially isolated, and this past year our 

10    seniors, especially, have been isolated like 

11    never before.  While some particularly resilient 

12    groups like the enhanced multidisciplinary teams 

13    we discussed last week have continued working 

14    throughout the pandemic, unfortunately, we 

15    suspect that abuse is happening in the shadows 

16    like never before.

17                 As we work to rebuild in the wake of 

18    the COVID-19 pandemic, we will need to redouble 

19    our efforts and direct extensive resources to 

20    combating abuse to better protect our most 

21    vulnerable.  Our seniors were born and 

22    raised in a generation defined by industrious 

23    independence, a generation where self-sufficiency 

24    was valued above all else.  Asking for help is 

25    not second nature to many of them, and the 


                                                               4354

 1    statistics tell us that we need to do better to 

 2    root out abuse and hold perpetrators accountable.

 3                 Older New Yorkers play an invaluable 

 4    role in the fabric of our state, and we have a 

 5    responsibility to ensure that they can live out 

 6    their golden years free from harm and safe from 

 7    abuse.  I always say awareness is the key to 

 8    prevention.  And with Elder Abuse Awareness Day 

 9    just around the corner, I hope everyone here 

10    today will have the opportunity to bring this 

11    important message back to their communities, 

12    commit to tackling this issue head-on, and ensure 

13    that our neighbors know they are never alone.

14                 Thank you, Mr. President.

15                 ACTING PRESIDENT BAILEY:   The 

16    resolution was previously adopted on 

17    January 20th.

18                 Senator Gianaris.

19                 SENATOR GIANARIS:   At the request 

20    of the sponsor, that resolution is open for 

21    cosponsorship.

22                 ACTING PRESIDENT BAILEY:   The 

23    resolution is open for cosponsorship.  Should you 

24    choose not to be a cosponsor of the resolution, 

25    please notify the desk.


                                                               4355

 1                 Senator Gianaris.

 2                 SENATOR GIANARIS:   Let's take up 

 3    the reading of the calendar now, please.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Secretary will read.

 6                 THE SECRETARY:   Calendar Number 10, 

 7    Senate Print 514A, by Senator SepĂșlveda, 

 8    Concurrent Resolution of the Senate and Assembly 

 9    proposing an amendment to Section 15 of 

10    Article VI of the Constitution.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll on the resolution.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   Ayes, 63.

17                 ACTING PRESIDENT BAILEY:   The 

18    resolution is adopted.

19                 THE SECRETARY:   Calendar Number 65, 

20    Senate Print 1184A, by Senator Gianaris, an act 

21    to amend the Criminal Procedure Law and the 

22    Civil Practice Law and Rules.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 4.  This 


                                                               4356

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 65, those Senators voting in the 

 9    negative are Senators Akshar, Borrello, Boyle, 

10    Gallivan, Griffo, Helming, Jordan, Lanza, 

11    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

12    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

13    Weik.

14                 Ayes, 43.  Nays, 20.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    118, Assembly Bill 4496, substituted earlier by 

19    Assemblymember De La Rosa, an act to amend the 

20    Public Service Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               4357

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    351, Senate Print 1783A, by Senator Skoufis, an 

10    act to amend the Public Health Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect 90 days after it shall have 

15    become a law.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   Ayes, 63.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    358, Assembly Bill 7506, substituted earlier by 


                                                               4358

 1    Assemblymember Clark, an act to amend the 

 2    Executive Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.  

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 358, voting in the negative:  

14    Senator Boyle.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    442, Senate Print 329A, by Senator Thomas, an act 

20    authorizing the Family and Children's Association 

21    to receive retroactive real property tax exempt 

22    status.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 2.  This 


                                                               4359

 1    act shall take effect immediately.

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 442, those Senators voting in the 

 9    negative are Senators Akshar and O'Mara.

10                 Ayes, 61.  Nays, 2.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    464, Assembly Bill 924A, substituted earlier by 

15    Assemblymember Paulin, an act to amend the 

16    Public Officers Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               4360

 1                 THE SECRETARY:   In relation to 

 2    Calendar Number 464, voting in the negative:  

 3    Senator Serino.

 4                 Ayes, 62.  Nays, 1.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    488, Senate Print 3467B, by Senator Mayer, an act 

 9    to amend the General Business Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect one year after it shall 

14    have become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    514, Senate Print 2986A, by Senator Brouk, an act 

25    to amend the Penal Law.


                                                               4361

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the 60th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    562, Senate Print 4703A, by Senator Kaplan, an 

16    act requiring the Commissioner of Taxation and 

17    Finance to conduct a study on how successful 

18    property tax grievances have been over the prior 

19    three years.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 5.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               4362

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    565, Senate Print 5127A, by Senator Helming, an 

 9    act in relation to authorizing the Town of 

10    Webster, County of Monroe, to alienate certain 

11    lands used as parkland.

12                 ACTING PRESIDENT BAILEY:   There is 

13    a home-rule message at the desk.

14                 Read the last section.

15                 THE SECRETARY:   Section 7.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4363

 1    629, Senate Print 1869, by Senator Ritchie, an 

 2    act relating to authorizing the Village of Canton 

 3    to reduce the speed limit on certain public 

 4    roadways.

 5                 ACTING PRESIDENT BAILEY:   There is 

 6    a home-rule message at the desk.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar Number 629, voting in the negative:  

17    Senator Skoufis.

18                 Ayes, 62.  Nays, 1.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    677, Senate Print 5148, by Senator Hinchey, an 

23    act to amend the State Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               4364

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    715, Senate Print 774A, by Senator Hoylman, an 

13    act to amend the Executive Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 2.  This 

17    act shall take effect on the 120th day after it 

18    shall have become a law.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 715, those Senators voting in the 


                                                               4365

 1    negative are Senators Akshar, Borrello, Griffo, 

 2    Helming, Jordan, Lanza, Oberacker, O'Mara, Ortt, 

 3    Rath, Ritchie, Serino, Stec, Tedisco and Weik.

 4                 Ayes, 48.  Nays, 15.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    732, Assembly Bill 6671A, substituted earlier by 

 9    Assemblymember Paulin, an act to amend Chapter 74 

10    of the Laws of 2020.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 732, those Senators voting in the 

22    negative are Senators Helming, Jordan, O'Mara, 

23    Ortt, Stec and Weik.

24                 Ayes, 57.  Nays, 6.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4366

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    746, Senate Print 1372, by Senator Brooks, an act 

 4    in relation to authorizing the County of Nassau 

 5    to transfer ownership of certain parkland to the 

 6    Village of Freeport.

 7                 ACTING PRESIDENT BAILEY:   There is 

 8    a home-rule message at the desk.

 9                 Read the last section.

10                 THE SECRETARY:   Section 5.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    750, Senate Print 3220, by Senator Tedisco, an 

22    act allowing for the creation of a joint police 

23    department for the towns of Webb and Inlet.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               4367

 1                 THE SECRETARY:   Section 6.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    765, Senate Print 4682B, by Senator Kennedy, an 

13    act to amend the Vehicle and Traffic Law and the 

14    General Municipal Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 16.  This 

18    act shall take effect on the 30th day after it 

19    shall have become a law.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Announce 

24    the results.

25                 THE SECRETARY:   In relation to 


                                                               4368

 1    Calendar 765, those Senators voting in the 

 2    negative are Senators Felder and Lanza.

 3                 Ayes, 61.  Nays, 2.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    769, Senate Print 133B, by Senator Mayer, an act 

 8    to amend the General Business Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 2.  This 

12    act shall take effect one year after it shall 

13    have become a law.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 769, voting in the negative:  

21    Senator Oberacker.  

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4369

 1    804, Senate Print 4435B, by Senator May, an act 

 2    to amend the Education Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    841, Senate Print 334A, by Senator Myrie, an act 

17    to amend the Mental Hygiene Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               4370

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    848, Senate Print 6072A, by Senator Kaplan, an 

 7    act to amend the Alcoholic Beverage Control Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 5.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   Ayes, 63.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    852, Senate Print 5451A, by Senator Parker, an 

22    act directing the Department of Public Service to 

23    prepare a written report on the effect of the 

24    COVID-19 state of emergency.

25                 SENATOR LANZA:   Lay it aside.


                                                               4371

 1                 ACTING PRESIDENT BAILEY:   Lay it 

 2    aside.

 3                 THE SECRETARY:   Calendar Number 

 4    875, Senate Print 1555A, by Senator Myrie, an act 

 5    to amend the Election Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    919, Senate Print 5785A, by Senator Comrie, an 

20    act to amend the Real Property Actions and 

21    Proceedings Laws.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect on the first of January.


                                                               4372

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 919, those Senators voting in the 

 8    negative are Senators Akshar, Borrello, Boyle, 

 9    Gallivan, Griffo, Helming, Jordan, Lanza, 

10    Martucci, Mattera, Oberacker, Ortt, Palumbo, 

11    Rath, Serino, Stec, Tedisco and Weik.

12                 Ayes, 45.  Nays, 18.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    923, Senate Print 6037, by Senator Brooks, an act 

17    to amend the Vehicle and Traffic Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               4373

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    933, Assembly Bill 6890, substituted earlier by 

 7    Assemblymember Thiele, an act to amend the Public 

 8    Service Law and the Public Authorities Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 4.  This 

12    act shall take effect on the 90th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    945, Senate Print 4608A, by Senator Palumbo, an 

24    act to authorize the Town of Brookhaven, County 

25    of Suffolk, to alienate and discontinue the use 


                                                               4374

 1    of certain parklands. 

 2                 ACTING PRESIDENT BAILEY:   There is 

 3    a home-rule message at the desk.

 4                 Read the last section.

 5                 THE SECRETARY:   Section 6.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   In relation to 

13    Calendar Number 945, voting in the negative:  

14    Senator Skoufis.

15                 Ayes, 62.  Nays, 1.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    972, Senate Print 1036, by Senator Krueger, an 

20    act to amend the Environmental Conservation Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect on the first of November.

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               4375

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar Number 972, those Senators voting in the 

 7    negative are Senators Akshar, Borrello, Gallivan, 

 8    Griffo, Harckham, Jordan, Lanza, Oberacker, 

 9    O'Mara, Ortt, Rath, Ritchie, Serino, Stec and 

10    Tedisco.

11                 Ayes, 48.  Nays, 15.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1003, Senate Print 5724A, by Senator Thomas, an 

16    act to amend the Civil Practice Law and Rules.

17                 SENATOR GIANARIS:   Lay it aside for 

18    the day.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    will be laid aside for the day.

21                 THE SECRETARY:   Calendar Number 

22    1004, Senate Print 6498, by Senator Bailey, an 

23    act to amend the Family Court Act.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               4376

 1                 THE SECRETARY:   Section 2.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar Number 1004, those Senators voting in 

10    the negative are Senators Akshar, Borrello, 

11    Gallivan, Griffo, Helming, Jordan, Lanza, 

12    Oberacker, O'Mara, Ortt, Palumbo, Serino, Stec, 

13    Tedisco and Weik.

14                 Ayes, 48.  Nays, 15.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1025, Senate Print 6294A, by Senator Mannion, an 

19    act to amend the Mental Hygiene Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               4377

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1025, those Senators voting in the 

 6    negative are Senators Akshar, Griffo and Serino.

 7                 Ayes, 60.  Nays, 3.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1026, Senate Print 3330, by Senator Rivera, an 

12    act to amend the Education Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the 180th day after it 

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               4378

 1                 THE SECRETARY:   Calendar Number 

 2    1037, Senate Print 4965, by Senator Rivera, an 

 3    act to amend the Public Health Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 4.  This 

 7    act shall take effect on the 180th day after it 

 8    shall have become a law.

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar 1037, those Senators voting in the 

16    negative are Senators Akshar, Borrello, Boyle, 

17    Gallivan, Helming, Jordan, Oberacker, O'Mara, 

18    Palumbo, Rath, Stec, Tedisco and Weik.

19                 Ayes, 50.  Nays, 13.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1052, Senate Print 1851, by Senator Skoufis, an 

24    act to amend the Election Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               4379

 1    last section.

 2                 THE SECRETARY:   Section 3.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Announce 

 8    the results.

 9                 THE SECRETARY:   In relation to 

10    Calendar Number 1052, those Senators voting in 

11    the negative are Senators Akshar, Borrello, 

12    Boyle, Gallivan, Griffo, Harckham, Helming, 

13    Jordan, Lanza, Martucci, Mattera, Oberacker, 

14    Ortt, Palumbo, Rath, Ritchie, Serino, Stec, 

15    Tedisco and Weik.

16                 Ayes, 43.  Nays, 20.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 THE SECRETARY:   Calendar Number 

20    1055, Senate Print 4658, by Senator Parker, an 

21    act to amend the Election Law.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 4.  This 

25    act shall take effect January 1, 2024.


                                                               4380

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   In relation to 

 7    Calendar 1055, those Senators voting in the 

 8    negative are Senators Akshar, Borrello, Boyle, 

 9    Gallivan, Griffo, Helming, Jordan, Lanza, 

10    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

11    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

12    Weik.

13                 Ayes, 43.  Nays, 20.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1068, Assembly Bill 7639, substituted earlier by 

18    Assemblymember Galef, an act to amend the 

19    Public Officers Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               4381

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1092, Assembly Bill 7272, substituted earlier by 

 9    Assemblymember Rosenthal, an act to amend the 

10    Private Housing Finance Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 2.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   In relation to 

21    Calendar 1092, those Senators voting in the 

22    negative are Senators Akshar, Borrello, Boyle, 

23    Gallivan, Griffo, Helming, Jordan, Lanza, 

24    Martucci, Mattera, O'Mara, Ortt, Palumbo, Rath, 

25    Ritchie, Serino, Stec, Tedisco and Weik.


                                                               4382

 1                 Ayes, 44.  Nays, 19.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1100, Senate Print 1208A, by Senator Kaminsky, an 

 6    act to authorize the assessor of the Town of 

 7    Hempstead, County of Nassau, to accept from Mercy 

 8    Medical Center an application for exemption from 

 9    real property taxes.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 1100, voting in the negative:  

21    Senator Akshar.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4383

 1    1103, Senate Print 6553C, by Senator Harckham, an 

 2    act in relation to authorizing the Town of 

 3    Yorktown, County of Westchester, to alienate and 

 4    discontinue the use of certain parkland.

 5                 ACTING PRESIDENT BAILEY:   There is 

 6    a home-rule message at the desk.

 7                 Read the last section.

 8                 THE SECRETARY:   Section 6.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1107, Senate Print 6593, by Senator Akshar, an 

20    act to authorize the Town of Binghamton, County 

21    of Broome, to alienate and discontinue the use of 

22    certain parklands.

23                 ACTING PRESIDENT BAILEY:   There is 

24    a home-rule message at the desk.

25                 Read the last section.


                                                               4384

 1                 THE SECRETARY:   Section 5.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1117, Senate Print 3586, by Senator Comrie, an 

13    act to amend the Administrative Code of the City 

14    of New York.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 SENATOR GIANARIS:   Lay it aside for 

18    the day.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    will be laid aside for the day.

21                 THE SECRETARY:   Calendar Number 

22    1129, Senate Print 6389, by Senator Brisport, an 

23    act to amend the Domestic Relations Law and the 

24    Civil Service Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               4385

 1    last section.

 2                 THE SECRETARY:   Section 13.  This 

 3    act shall take effect immediately.

 4                 ACTING PRESIDENT BAILEY:   Call the 

 5    roll.

 6                 (The Secretary called the roll.)

 7                 ACTING PRESIDENT BAILEY:   Senator 

 8    Brisport to explain his vote.

 9                 SENATOR BRISPORT:   Thank you, 

10    Mr. President.

11                 I rise not only as the sponsor of 

12    this bill and the chair of the Committee on 

13    Children and Families, but also as someone whose 

14    introduction to politics came from organizing 

15    against laws that said that as a gay man, I was 

16    unfit to get married or to raise children.  

17                 Our nation and our state have long 

18    histories of dictating what kinds of families are 

19    valid and what kinds aren't.  Sometimes that has 

20    happened in the form of explicit prohibitions, 

21    but more often it has happened through the 

22    creation of systems that fail to account for the 

23    existence of families outside the so-called 

24    nuclear family model.

25                 In reality, there are many kinds of 


                                                               4386

 1    families.  And a legal system that does not 

 2    recognize or respect that ultimately hurts 

 3    children the most.  We see that in motion when a 

 4    child whose mother is unable to care for them is 

 5    put into the foster system instead of into the 

 6    care of their own loving father simply because 

 7    the law treats a father differently if they are 

 8    not married to their child's mother.  

 9    Unfortunately, it happens regularly in New York.  

10                 We can change that by passing this 

11    bill, which would eliminate an undue and 

12    unreasonable burden on unmarried fathers that 

13    does not exist for single mothers and married 

14    fathers.  When we actively build laws on the 

15    recognition and respect of every type of family, 

16    we build a New York that is safer and more loving 

17    for all children.

18                 Mr. President, I vote aye.  

19                 Thank you.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Brisport to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   In relation to 

24    Calendar 1129, those Senators voting in the 

25    negative are Senators Akshar, Borrello, Griffo, 


                                                               4387

 1    Helming, Jordan, Lanza, Martucci, Oberacker, 

 2    O'Mara, Ortt, Palumbo, Rath, Stec, Tedisco and 

 3    Weik.

 4                 Ayes, 48.  Nays, 15.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1132, Senate Print 3763, by Senator Persaud, an 

 9    act to amend the Education Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 12.  This 

13    act shall take effect 18 months after it shall 

14    have become a law.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Announce 

19    the results.

20                 THE SECRETARY:   Ayes, 63.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1133, Senate Print 4237A, by Senator Stavisky, an 

25    act to amend the Education Law.


                                                               4388

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect on the 180th day after it 

 5    shall have become a law.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1159, Senate Print 653A, by Senator Sanders, an 

16    act to amend the Insurance Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect on the 90th day after it 

21    shall have become a law.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               4389

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1169, Senate Print 6715, by Senator Breslin, an 

 7    act to amend the Insurance Law.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 14.  This 

11    act shall take effect on the 90th day after it 

12    shall have become a law.

13                 ACTING PRESIDENT BAILEY:   Call the 

14    roll.

15                 (The Secretary called the roll.)

16                 ACTING PRESIDENT BAILEY:   Announce 

17    the results.

18                 THE SECRETARY:   Ayes, 63.

19                 ACTING PRESIDENT BAILEY:   The bill 

20    is passed.

21                 THE SECRETARY:   Calendar Number 

22    1183, Senate Print 1110B, by Senator Liu, an act 

23    to amend the Education Law.

24                 ACTING PRESIDENT BAILEY:   Read the 

25    last section.


                                                               4390

 1                 THE SECRETARY:   Section 6.  This 

 2    act shall take effect immediately.

 3                 ACTING PRESIDENT BAILEY:   Call the 

 4    roll.

 5                 (The Secretary called the roll.)

 6                 ACTING PRESIDENT BAILEY:   Announce 

 7    the results.

 8                 THE SECRETARY:   Ayes, 63.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1191, Senate Print 2755C, by Senator Ramos, an 

13    act to amend the Social Services Law.

14                 ACTING PRESIDENT BAILEY:   Read the 

15    last section.

16                 THE SECRETARY:   Section 3.  This 

17    act shall take effect immediately.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Senator 

22    Ramos to explain her vote.

23                 SENATOR RAMOS:   Thank you, 

24    Mr. President.

25                 You know, before the pandemic, more 


                                                               4391

 1    than 2 million New Yorkers were living in abject 

 2    poverty, and that includes -- or included 

 3    712,000 children.  Unfortunately, since the 

 4    pandemic, more than 300,000 children have been -- 

 5    have entered poverty here in New York.  That 

 6    clocks us at more than a million children were 

 7    having a tough time finding food and finding all 

 8    of the necessities they need in order to strive 

 9    towards a brighter future.

10                 So what we're seeking to do with 

11    this bill is put together a task force that can 

12    zero in on how we can reduce child poverty in 

13    New York State by half over the next 10 years.  

14    This would be a monumental change, especially in 

15    communities of color, not only in New York City 

16    but across the state -- in Syracuse, in 

17    Rochester, and in so many other places across our 

18    great state where children have been hurting, 

19    where parents have had trouble finding jobs with 

20    a living wage, good union jobs that will bring 

21    them into the middle class.

22                 So I'm thankful to our leader, 

23    Andrea Stewart-Cousins, for supporting this 

24    endeavor, and to all of my colleagues who are 

25    voting with me to end child poverty today.


                                                               4392

 1                 Thank you.

 2                 ACTING PRESIDENT BAILEY:   Senator  

 3    Ramos to be recorded in the affirmative.

 4                 Announce the results.

 5                 THE SECRETARY:   In relation to 

 6    Calendar 1191, those Senators voting in the 

 7    negative are Senators Helming and Weik.

 8                 Ayes, 61.  Nays, 2.

 9                 ACTING PRESIDENT BAILEY:   The bill 

10    is passed.

11                 THE SECRETARY:   Calendar Number 

12    1214, Assembly Bill 2653, substituted earlier by 

13    Assemblymember Lavine, an act to amend the 

14    Criminal Procedure Law.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 2.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   Ayes, 63.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4393

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1222, Senate Print 6443, by Senator Mayer, an act 

 4    to amend the Criminal Procedure Law and the 

 5    Family Court Act.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 7.  This 

 9    act shall take effect immediately.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.

15                 THE SECRETARY:   In relation to 

16    Calendar 1222, those Senators voting in the 

17    negative are Senators Akshar, Borrello, Gallivan, 

18    Griffo, Helming, Jordan, Lanza, Oberacker, 

19    O'Mara, Ortt, Rath, Ritchie, Stec, Tedisco and 

20    Weik.

21                 Ayes, 48.  Nays, 15.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1261, Assembly Bill 6590B, substituted earlier by 


                                                               4394

 1    Assemblymember Kelles, an act to amend the 

 2    Economic Development Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.  

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1269, Senate Print 2193A, by Senator Kavanagh, an 

17    act to amend the Public Housing Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               4395

 1    the results.

 2                 THE SECRETARY:   Ayes, 63.

 3                 ACTING PRESIDENT BAILEY:   The bill 

 4    is passed.

 5                 THE SECRETARY:   Calendar Number 

 6    1287, Senate Print 6018B, by Senator Harckham, an 

 7    act to amend Chapter 63 of the Laws of 2021.

 8                 ACTING PRESIDENT BAILEY:   Read the 

 9    last section.

10                 THE SECRETARY:   Section 2.  This 

11    act shall take effect immediately.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar 1287, those Senators voting in the 

19    negative are Senators Akshar, Borrello, Gallivan 

20    and Serino.

21                 Ayes, 59.  Nays, 4.

22                 ACTING PRESIDENT BAILEY:   The bill 

23    is passed.

24                 THE SECRETARY:   Calendar Number 

25    1341, Senate Print 4961B, by Senator Gounardes, 


                                                               4396

 1    an act to amend the Retirement and 

 2    Social Security Law.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 3.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results.

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1347, Senate Print 5672A, by Senator Breslin, an 

17    act to amend the Highway Law.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 3.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               4397

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1347, voting in the negative:  

 4    Senator Brisport.

 5                 Ayes, 62.  Nays, 1.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1389, Senate Print 6207, by Senator Palumbo, an 

10    act to authorize Long Island Science Center to 

11    file an application for a real property tax 

12    exemption.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   In relation to 

23    Calendar 1389, those Senators voting in the 

24    negative are Senators Akshar and O'Mara.

25                 Ayes, 61.  Nays, 2.


                                                               4398

 1                 ACTING PRESIDENT BAILEY:   The bill 

 2    is passed.

 3                 THE SECRETARY:   Calendar Number 

 4    1395, Senate Print 16D, by Senator Mayer, an act 

 5    to amend the General Business Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 2.  This 

 9    act shall take effect one year after it shall 

10    have become a law.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Senator 

15    Mayer to explain her vote.

16                 SENATOR MAYER:   Thank you, 

17    Mr. President.

18                 It is really very special to be here 

19    to talk about this bill, which would limit the 

20    sale of over-the-counter diet pills and 

21    supplements for weight loss to those over the age 

22    of 18.  And it's long overdue, and it would be 

23    first in the nation doing so.

24                 The fact is that the most common 

25    eating disorder, anorexia nervosa, has the 


                                                               4399

 1    second-highest mortality rate of all mental 

 2    health conditions.  And we know that young people 

 3    have a disproportionate interest and involvement 

 4    in these weight loss supplements.  

 5                 In fact, youth use these products at 

 6    incredible rates.  Over 11 percent -- and I think 

 7    that an underreported number -- of teens report 

 8    ever using dietary supplements for weight loss, 

 9    and about 17 percent of boys have used creatine, 

10    an underregulated supplement in hopes of building 

11    muscle.

12                 These products also 

13    disproportionately affect youth of color, who are 

14    40 percent more likely to use over-the-counter 

15    diet pills than white teens, and particularly 

16    young girls.  There's no question they're using 

17    these over-the-counter diet supplements at 

18    incredible numbers.

19                 With increased use of social media, 

20    teens and young adults are learning about and 

21    obtaining these supplements in new ways.  And 

22    although they are sold alongside multivitamins 

23    and other supplements largely regarded as safe, 

24    these products often contain unlisted, illegal 

25    pharmaceutical ingredients that pose serious 


                                                               4400

 1    risks.  

 2                 Under the Dietary Supplement Health 

 3    and Education Act of 1994, the FDA does not have 

 4    the authority to require proof of safety or 

 5    efficacy prior to the sale of these products.  

 6    While some voluntary certifications exist, there 

 7    is no guarantee that a supplement contains the 

 8    listed ingredients and that it causes no harm.

 9                 This is the time to implement an 

10    age-based restriction on sales of these products 

11    to benefit our young people by reducing youth use 

12    of supplements and pills which may be dangerous 

13    for them, raising awareness of the safety 

14    concerns with these products, aiding and 

15    combating eating disorders, and enhancing 

16    parents' involvement in their children's health.  

17                 So as chair of the Education 

18    Committee, I feel a strong obligation to our 

19    children both in and out of the classroom to 

20    concern ourselves with their health and their 

21    well-being.  

22                 This bill is a major step forward 

23    for the health and safety of New York's kids, and 

24    I want to thank not only our Majority Leader 

25    Andrea Stewart-Cousins for bringing this bill to 


                                                               4401

 1    the floor, but my Assembly colleague 

 2    Assemblywoman Nily Rozic for her support as well.  

 3                 And I vote in the affirmative.

 4                 ACTING PRESIDENT BAILEY:   Senator 

 5    Mayer to be recorded in the affirmative.

 6                 Announce the results.

 7                 THE SECRETARY:   In relation to 

 8    Calendar 1395, those Senators voting in the 

 9    negative are Senators Helming, Oberacker, Ortt, 

10    Serino and Stec.

11                 Ayes, 58.  Nays, 5.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1402, Assembly Bill 7552, substituted earlier by 

16    Assemblymember Paulin, an act to amend 

17    Chapter 333 of the Laws of 2018.

18                 ACTING PRESIDENT BAILEY:   Read the 

19    last section.

20                 THE SECRETARY:   Section 2.  This 

21    act shall take effect immediately.

22                 ACTING PRESIDENT BAILEY:   Call the 

23    roll.

24                 (The Secretary called the roll.)

25                 ACTING PRESIDENT BAILEY:   Announce 


                                                               4402

 1    the results.

 2                 THE SECRETARY:   In relation to 

 3    Calendar Number 1402, voting in the negative:  

 4    Senator Gallivan.  

 5                 Ayes, 62.  Nays, 1.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1438, Senate Print 1815, by Senator Skoufis, an 

10    act to amend the General Municipal Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 3.  This 

14    act shall take effect on the 120th day after it 

15    shall have become a law.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1438, those Senators voting in the 

23    negative are Senators Akshar, Borrello, Gallivan, 

24    Helming, Jordan, Oberacker, O'Mara, Ortt, Rath, 

25    Ritchie, Serino, Tedisco and Weik.


                                                               4403

 1                 Ayes, 50.  Nays, 13.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1440, Senate Print 3437C, by Senator Gaughran, an 

 6    act to amend the Executive Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the 120th day after it 

11    shall have become a law.

12                 ACTING PRESIDENT BAILEY:   Call the 

13    roll.

14                 (The Secretary called the roll.)

15                 ACTING PRESIDENT BAILEY:   Announce 

16    the results.

17                 THE SECRETARY:   In relation to 

18    Calendar Number 1440, voting in the negative:  

19    Senator Oberacker.  

20                 Ayes, 62.  Nays, 1.

21                 ACTING PRESIDENT BAILEY:   The bill 

22    is passed.

23                 THE SECRETARY:   Calendar Number 

24    1450, Assembly Bill 3213A, substituted earlier by 

25    Assemblymember Rodriguez, an act to amend the 


                                                               4404

 1    General Business Law.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 2.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Savino to explain her vote.

11                 SENATOR SAVINO:   Thank you, 

12    Mr. President.  I rise in support of this 

13    legislation.  

14                 And I would remind everyone, in 2018 

15    the Legislature took an act to create the 

16    Secure Choice Savings Program to allow the more 

17    than 3.5 million New Yorkers who don't currently 

18    have a secure choice retirement plan.

19                 Well, unlike ourselves.  September 

20    17th of 2020, I reached the 30-year anniversary 

21    of my ability to achieve a pension.  I am 

22    eligible to retire right now, and I have a secure 

23    retirement.  Just like almost everyone in this 

24    chamber and everyone who works for state and 

25    local governments will have a secure retirement, 


                                                               4405

 1    because they belong to a compulsory pension plan.  

 2                 When we created the Secure Choice 

 3    Retirement Program we did not, though, require 

 4    people to enroll in it.  So we are making a 

 5    slight change to the Secure Choice Retirement 

 6    Program.  We are requiring employees to opt out 

 7    of it.  

 8                 So the current program, when it goes 

 9    into effect next year, will require employers who 

10    don't currently offer a retirement plan to their 

11    employees -- businesses of 10 employees or more 

12    who don't currently offer a retirement plan, 

13    those employees will have to opt out if they 

14    don't want to enroll.  We highly encourage them 

15    to do so because we know what happens when people 

16    don't participate in retirement planning:  They 

17    don't have a pension or a retirement plan.

18                 It is an almost minuscule cost to 

19    employers.  Employers have adopted this in 

20    20 other states.  We have seen tremendous changes 

21    in people's behavior.  We have seen more than 

22    $250 million in retirement savings on behalf of 

23    employees who would not have otherwise had those 

24    opportunities.  

25                 This is a win/win for employers who 


                                                               4406

 1    could not set up their own retirement plans, a 

 2    win/win for workers who would not otherwise have 

 3    an ability to do so.  I highly recommend a yes 

 4    vote.  This is a plan that we have already put in 

 5    place in New York, we're just improving it so 

 6    that everyone can have the same income security 

 7    in their retirement that every one of us in this 

 8    room does.

 9                 Thank you, Mr. President.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Savino to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1450, those Senators voting in the 

15    negative are Senators Akshar, Borrello, Boyle, 

16    Gallivan, Griffo, Helming, Jordan, Lanza, 

17    Martucci, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

18    Ritchie, Serino, Stec, Tedisco and Weik.

19                 Ayes, 44.  Nays, 19.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1456, Senate Print 6302, by Senator Weik, an act 

24    authorizing Michael J. Cappiello to purchase 

25    service credit for service with the Long Island 


                                                               4407

 1    Railroad Company.

 2                 ACTING PRESIDENT BAILEY:   Read the 

 3    last section.

 4                 THE SECRETARY:   Section 3.  This 

 5    act shall take effect immediately.

 6                 ACTING PRESIDENT BAILEY:   Call the 

 7    roll.

 8                 (The Secretary called the roll.)

 9                 ACTING PRESIDENT BAILEY:   Announce 

10    the results.

11                 THE SECRETARY:   Ayes, 63.

12                 ACTING PRESIDENT BAILEY:   The bill 

13    is passed.

14                 THE SECRETARY:   Calendar Number 

15    1457, Senate Print 6307, by Senator Harckham, an 

16    act to amend the Education Law.

17                 ACTING PRESIDENT BAILEY:   Read the 

18    last section.

19                 THE SECRETARY:   Section 2.  This 

20    act shall take effect immediately.

21                 ACTING PRESIDENT BAILEY:   Call the 

22    roll.

23                 (The Secretary called the roll.)

24                 ACTING PRESIDENT BAILEY:   Announce 

25    the results.


                                                               4408

 1                 THE SECRETARY:   Ayes, 63.

 2                 ACTING PRESIDENT BAILEY:   The bill 

 3    is passed.

 4                 THE SECRETARY:   Calendar Number 

 5    1460, Senate Print 6373B, by Senator Savino, an 

 6    act to amend the Workers' Compensation Law.

 7                 ACTING PRESIDENT BAILEY:   Read the 

 8    last section.

 9                 THE SECRETARY:   Section 2.  This 

10    act shall take effect on the first of January.

11                 ACTING PRESIDENT BAILEY:   Call the 

12    roll.

13                 (The Secretary called the roll.)

14                 ACTING PRESIDENT BAILEY:   Announce 

15    the results.

16                 THE SECRETARY:   In relation to 

17    Calendar 1460, those Senators voting in the 

18    negative are Senators Akshar, Borrello, Boyle, 

19    Gallivan, Griffo, Helming, Jordan, Lanza, 

20    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

21    Palumbo, Rath, Serino, Stec, Tedisco and Weik.

22                 Ayes, 44.  Nays, 19.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4409

 1    1465, Senate Print 6772A, by Senator Martucci, an 

 2    act to amend Chapter 4 of the Laws of 1977.

 3                 ACTING PRESIDENT BAILEY:   Read the 

 4    last section.

 5                 THE SECRETARY:   Section 2.  This 

 6    act shall take effect immediately.

 7                 ACTING PRESIDENT BAILEY:   Call the 

 8    roll.

 9                 (The Secretary called the roll.)

10                 ACTING PRESIDENT BAILEY:   Announce 

11    the results .

12                 THE SECRETARY:   Ayes, 63.

13                 ACTING PRESIDENT BAILEY:   The bill 

14    is passed.

15                 THE SECRETARY:   Calendar Number 

16    1470, Assembly Bill 7679, substituted earlier by 

17    Assemblymember Dinowitz, an act to amend the 

18    Executive Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect on the first of September.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4410

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   In relation to 

 4    Calendar 1470, those Senators voting in the 

 5    negative are Senators Martucci and Mattera.  

 6                 Ayes, 61.  Nays, 2. 

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1471, Assembly Bill 7680, substituted earlier by 

11    Assemblymember Dinowitz, an act to amend the 

12    Criminal Procedure Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 2.  This 

16    act shall take effect on the 30th day after it 

17    shall have become a law.

18                 ACTING PRESIDENT BAILEY:   Call the 

19    roll.

20                 (The Secretary called the roll.)

21                 ACTING PRESIDENT BAILEY:   Announce 

22    the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               4411

 1                 THE SECRETARY:   Calendar Number 

 2    1472, Senate Print 7100, by Senator Gounardes, an 

 3    act to amend the Civil Service Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 9.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1474, Assembly Bill 7662, substituted earlier by 

18    Assemblymember Anderson, an act to amend 

19    Chapter 57 of the Laws of 2015.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 2.  This 

23    act shall take effect immediately.  

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               4412

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1475, Senate Print 7103, by Senator Ramos, an act 

 9    to amend Chapter 363 of the Laws of 2010.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.  

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar 1475, voting in the negative:  

21    Senator Lanza.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4413

 1    1476, Assembly Bill 7653, substituted earlier by 

 2    Assemblymember Lupardo, an act to amend 

 3    Chapter 942 of the Laws of 1983.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1477, Senate Print 7105, by Senator Cooney, an 

18    act to amend the Executive Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.  

25                 (The Secretary called the roll.)


                                                               4414

 1                 ACTING PRESIDENT BAILEY:   Announce 

 2    the results.

 3                 THE SECRETARY:   Ayes, 63.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1479, Senate Print 483A, by Senator Myrie, an act 

 8    to amend the Election Law.

 9                 ACTING PRESIDENT BAILEY:   Read the 

10    last section.

11                 THE SECRETARY:   Section 3.  This 

12    act shall take effect on the 180th day after it 

13    shall have become a law.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1480, Senate Print 933A, by Senator Gianaris, an 

24    act to amend the General Business Law.

25                 SENATOR LANZA:   Lay it aside.


                                                               4415

 1                 ACTING PRESIDENT BAILEY:   Lay it 

 2    aside.

 3                 THE SECRETARY:   Calendar Number 

 4    1484, Senate Print 2523, by Senator Rivera, an 

 5    act to amend the Penal Law.

 6                 ACTING PRESIDENT BAILEY:   Read the 

 7    last section.

 8                 THE SECRETARY:   Section 5.  This 

 9    act shall take effect immediately.  

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Senator 

14    Rivera to explain his vote.

15                 SENATOR RIVERA:   Thank you, 

16    Mr. President.

17                 This bill has been a long time 

18    coming, Mr. President.  It is a bill that simply 

19    makes it so that syringes that are possessed by 

20    someone are not considered illegal.  It is 

21    basically decriminalizing the possession of 

22    syringes.  But why is this important?  I wanted 

23    to take a couple of minutes about this.  

24                 Harm reduction works.  The idea that 

25    drug addiction is something that must be resolved 


                                                               4416

 1    by putting people in prison is something that 

 2    thankfully we have moved on from.  Unfortunately, 

 3    there's still policy on the books that treats it 

 4    as though addiction was a crime.

 5                 So when it comes to folks who inject 

 6    drugs, programs were established in the '80s and 

 7    '90s that started to make sure that you could get 

 8    clean syringes.  The idea here is simply that you 

 9    want to make sure that people do not get 

10    hepatitis C, get HIV, do not infect each other.  

11    And it's a way to say to somebody, as you come in 

12    to exchange a needle, We are here for you, we'll 

13    accept you where you are, we will not judge you 

14    for your addiction.  And if you're ready for 

15    treatment, we'll offer it to you.  But for the 

16    moment, here's a clean syringe that you can take 

17    with you.  

18                 Unfortunately, what it has meant -- 

19    the change in this law is necessary because for a 

20    long time what it's meant is that people with 

21    clean syringes on them are considered criminals.  

22    We will finally put that to bed.  And I'm very 

23    glad that that's the case.

24                 We have still much more to do on 

25    harm reduction, but I do believe that this is 


                                                               4417

 1    absolutely essential, and I'm glad that we're 

 2    doing it.  

 3                 And I will take a second to thank 

 4    those organizations who have been important in 

 5    moving this over the years.  Certainly we can 

 6    talk about Housing Works or the Drug Policy 

 7    Alliance.  But one organization, Mr. President, 

 8    that I want to make sure that I underline is 

 9    VOCAL.  It would be -- under normal 

10    circumstances, they would be indeed vocal in this 

11    very room.  We have seen them many times be, as 

12    their name suggests, quite loud for the people 

13    who they work for and they represent.

14                 Two people in particular that I'd 

15    want to underline are two folks that we lost in 

16    the last year:  Bobby Tolbert and my neighbor, 

17    Elizabeth Owens, both long-standing advocates and 

18    activists who used the fact -- who used their 

19    experiences, talked about how addiction had 

20    struck them and how they had used those 

21    experiences to help other folks along.  

22                 And just because they were in a 

23    better situation didn't mean that they left 

24    others behind; they used that energy to demand 

25    from us that we do the right thing.  


                                                               4418

 1                 I miss Bobby and I miss Elizabeth.  

 2    And I wish that they were here to see this today.  

 3    They are not.  Well, they are, just not 

 4    physically here.

 5                 I also thank Jasmine Budnella from 

 6    VOCAL, who has been an incredibly important 

 7    advocate to make sure that this bill got over the 

 8    finish line.

 9                 But again, Mr. President, I think 

10    that there's much more to do that we need to do 

11    on harm reduction.  But at least today we can say 

12    that after that bill is passed and hopefully 

13    signed by our Governor, we will no longer be 

14    treating people as criminals just because they're 

15    trying to keep themselves alive.  

16                 Thank you, Mr. President.  I vote in 

17    the affirmative.

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Rivera to be recorded in the affirmative.

20                 Announce the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1484, those Senators voting in the 

23    negative are Senators Akshar, Borrello, Boyle, 

24    Gallivan, Griffo, Helming, Jordan, Kaminsky, 

25    Lanza, Martucci, Mattera, Oberacker, O'Mara, 


                                                               4419

 1    Ortt, Palumbo, Rath, Ritchie, Serino, Stec, 

 2    Tedisco and Weik.

 3                 Ayes, 42.  Nays, 21.

 4                 ACTING PRESIDENT BAILEY:   The bill 

 5    is passed.

 6                 THE SECRETARY:   Calendar Number 

 7    1485, Assembly Bill 6265, substituted earlier by 

 8    Assemblymember Frontus, an act to amend the 

 9    Public Authorities Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1486, Senate Print 3587B, by Senator Comrie, an 

24    act to amend the Public Authorities Law.

25                 ACTING PRESIDENT BAILEY:   Read the 


                                                               4420

 1    last section.

 2                 THE SECRETARY:   Section 6.  This 

 3    act shall take effect on the 120th day after it 

 4    shall have become a law.

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1486, those Senators voting in the 

12    negative are Senators Borrello, Helming, Jordan, 

13    Oberacker, Palumbo and Rath.

14                 Ayes, 57.  Nays, 6.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1490, Senate Print 5236, by Senator Kennedy, an 

19    act to amend the Executive Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 5.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               4421

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   In relation to 

 5    Calendar 1490, those Senators voting in the 

 6    negative are Senators Akshar, Borrello, Boyle, 

 7    Gallivan, Griffo, Helming, Jordan, Lanza, 

 8    Mattera, Oberacker, O'Mara, Ortt, Palumbo, Rath, 

 9    Stec, Tedisco and Weik.

10                 Ayes, 46.  Nays, 17.

11                 ACTING PRESIDENT BAILEY:   The bill 

12    is passed.

13                 THE SECRETARY:   Calendar Number 

14    1492, Senate Print 5363, by Senator Oberacker, an 

15    act to amend the state law.

16                 ACTING PRESIDENT BAILEY:   Read the 

17    last section.

18                 THE SECRETARY:   Section 2.  This 

19    act shall take effect immediately.

20                 ACTING PRESIDENT BAILEY:   Call the 

21    roll.

22                 (The Secretary called the roll.)

23                 ACTING PRESIDENT BAILEY:   Senator 

24    Oberacker to explain his vote.

25                 SENATOR OBERACKER:   Thank you, 


                                                               4422

 1    Mr. President.

 2                 And thank you to Mrs. Reese and her 

 3    Cooperstown Elementary students who developed 

 4    this idea a few years ago and brought it to my 

 5    predecessor, Senator Seward.

 6                 Baseball has a deep history in 

 7    New York.  The sport is played at all ages and 

 8    skill levels, from T-ball on up to the major 

 9    league.  We are also home to the National 

10    Baseball Hall of Fame and Museum in Cooperstown, 

11    part of my Senate district.  This storied 

12    destination is one that every baseball fan dreams 

13    of visiting.  

14                 Baseball is an economic force here 

15    in New York State.  Youth camps, tourism and many 

16    other associated businesses rely on baseball.  

17    And while it's known as the national pastime, 

18    baseball's New York roots run deep, and 

19    designating baseball as the official sport of the 

20    Empire State is a home run. 

21                 Many memorable moments in baseball 

22    history have occurred in New York.  Jackie 

23    Robinson broke the color barrier playing for the 

24    Brooklyn Dodgers at Ebbets Field.  Mike Piazza 

25    hit the home run that healed when the Mets 


                                                               4423

 1    returned to the diamond in New York City 

 2    following 9/11.  And the Yankees:  their 

 3    27 World Series titles are the most in history.

 4                 Baseball is much more than a game.  

 5    Baseball is a living breathing force of nature, 

 6    and it is more than deserving of this recognition 

 7    as New York State's official sport.  

 8                 And Mr. President, I will be voting 

 9    in the affirmative.  Thank you.

10                 ACTING PRESIDENT BAILEY:   Senator 

11    Oberacker to be recorded in the affirmative.

12                 Announce the results.

13                 THE SECRETARY:   In relation to 

14    Calendar 1492, those Senators voting in the 

15    negative are Senators Krueger and Myrie.

16                 Ayes, 61.  Nays, 2.

17                 ACTING PRESIDENT BAILEY:   The bill 

18    is passed.

19                 Senator Lanza.

20                 SENATOR LANZA:   Thank you, 

21    Mr. President.

22                 Mr. President, please indulge me and 

23    join me in congratulating Senator Oberacker on 

24    the passage of his first bill as a Senator.

25                 (Applause.)


                                                               4424

 1                 ACTING PRESIDENT BAILEY:    

 2    Congratulations to Senator Oberacker on the 

 3    passage of your first bill.

 4                 The Secretary will read.

 5                 THE SECRETARY:   Calendar Number 

 6    1494, Senate Print 6086, by Senator Comrie, an 

 7    act to extend the deadline for the filing of 

 8    applications and renewal applications for real 

 9    property tax abatement programs.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 3.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   In relation to 

20    Calendar Number 1494, voting in the negative:  

21    Senator Akshar.

22                 Ayes, 62.  Nays, 1.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4425

 1    1496, Senate Print 6224, by Senator 

 2    Reichlin-Melnick, an act to authorize Jodi Manne 

 3    to receive a refund from the New York State 

 4    Teachers' Retirement System.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 3.  This 

 8    act shall take effect immediately.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   Ayes, 63.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1499, Senate Print 6421, by Senator Hinchey, an 

19    act to amend the Environmental Conservation Law.

20                 ACTING PRESIDENT BAILEY:   Read the 

21    last section.

22                 THE SECRETARY:   Section 3.  This 

23    act shall take effect immediately.

24                 ACTING PRESIDENT BAILEY:   Call the 

25    roll.


                                                               4426

 1                 (The Secretary called the roll.)

 2                 ACTING PRESIDENT BAILEY:   Announce 

 3    the results.

 4                 THE SECRETARY:   Ayes, 63.

 5                 ACTING PRESIDENT BAILEY:   The bill 

 6    is passed.

 7                 THE SECRETARY:   Calendar Number 

 8    1500, Senate Print 6517, by Senator Stavisky, an 

 9    act to amend the Education Law.

10                 ACTING PRESIDENT BAILEY:   Read the 

11    last section.

12                 THE SECRETARY:   Section 2.  This 

13    act shall take effect immediately.

14                 ACTING PRESIDENT BAILEY:   Call the 

15    roll.

16                 (The Secretary called the roll.)

17                 ACTING PRESIDENT BAILEY:   Announce 

18    the results.

19                 THE SECRETARY:   Ayes, 63.

20                 ACTING PRESIDENT BAILEY:   The bill 

21    is passed.

22                 THE SECRETARY:   Calendar Number 

23    1501, Senate Print 6531, by Senator 

24    Stewart-Cousins, an act to amend Chapter 62 of 

25    the Laws of 2015.


                                                               4427

 1                 ACTING PRESIDENT BAILEY:   Read the 

 2    last section.

 3                 THE SECRETARY:   Section 2.  This 

 4    act shall take effect immediately.  

 5                 ACTING PRESIDENT BAILEY:   Call the 

 6    roll.

 7                 (The Secretary called the roll.)

 8                 ACTING PRESIDENT BAILEY:   Announce 

 9    the results.

10                 THE SECRETARY:   In relation to 

11    Calendar 1501, those Senators voting in the 

12    negative are Senators Akshar, Brooks, Gaughran, 

13    Hinchey, Kaplan, Mannion, Palumbo and Skoufis.

14                 Ayes, 55.  Nays, 8.

15                 ACTING PRESIDENT BAILEY:   The bill 

16    is passed.

17                 THE SECRETARY:   Calendar Number 

18    1502, Assembly Bill 7566, substituted earlier by 

19    Assemblymember Stirpe, an act to amend 

20    Chapter 109 of the Laws of 2020.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               4428

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1503, Senate Print 6758, by Senator Griffo, an 

10    act to establish an energy system tax 

11    subsidization reserve fund.

12                 SENATOR LANZA:   Lay it aside for 

13    the day.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    will be laid aside for the day.

16                 THE SECRETARY:   Calendar Number 

17    1504, Senate Print 6828A, by Senator Mayer, an 

18    act to amend the Labor Law.

19                 ACTING PRESIDENT BAILEY:   Read the 

20    last section.

21                 THE SECRETARY:   Section 2.  This 

22    act shall take effect immediately.  

23                 ACTING PRESIDENT BAILEY:   Call the 

24    roll.

25                 (The Secretary called the roll.)


                                                               4429

 1                 ACTING PRESIDENT BAILEY:   Senator 

 2    Mayer to explain her vote.

 3                 SENATOR MAYER:   Thank you, 

 4    Mr. President.

 5                 I can't think of a more pressing 

 6    issue for every one of us elected officials on 

 7    either side of the aisle, in either body of this 

 8    Legislature, than what happened to our 

 9    constituents in the first few months of this 

10    pandemic and, frankly, this entire period of time 

11    since the beginning.

12                 The ability to access unemployment 

13    benefits to which they were entitled was a 

14    difficult, challenging and to say the least 

15    frustrating situation for them and for us.  All 

16    of us did everything we could to expedite claims 

17    and to get answers for our constituents.  

18    Frequently without any money, without any help, 

19    they needed an answer, a yes or no on their 

20    application for unemployment benefits.

21                 This bill would require the 

22    Commissioner of Labor within 30 days after all 

23    the documents are submitted to issue a decision 

24    of yes or no:  You are eligible, you are not 

25    eligible.


                                                               4430

 1                 And absent exigent circumstances -- 

 2    like another pandemic where millions of people 

 3    are applying -- this should be the ordinary 

 4    course of conduct.  We should expect answers.  

 5    Our constituents need answers within 30 days.  

 6                 This bill will go a long way towards 

 7    organizationally providing notice and the real 

 8    decision-making that our constituents are 

 9    entitled to when they apply for a state benefit 

10    to which they have paid into.

11                 I urge my colleagues to vote yes.  

12    This is an important change to the way 

13    unemployment is handled in our state.  I look 

14    forward to working with the Department of Labor 

15    to effectuate this change and to ensure our 

16    constituents are served promptly and accurately 

17    with decisions.

18                 Thank you.  I vote in the 

19    affirmative.

20                 ACTING PRESIDENT BAILEY:   Senator 

21    Mayer to be recorded in the affirmative.

22                 Announce the results.

23                 THE SECRETARY:   Ayes, 63.

24                 ACTING PRESIDENT BAILEY:   The bill 

25    is passed.


                                                               4431

 1                 THE SECRETARY:   Calendar Number 

 2    1506, Senate Print 6903, by Senator Kavanagh, an 

 3    act to amend the Real Property Tax Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.  

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1507, Assembly Bill 7697, substituted earlier by 

18    Assemblymember Magnarelli, an act to repeal 

19    Sections 3, 4, 5 and 6 of Chapter 160 of the 

20    Laws of 2013.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect immediately.  

25                 ACTING PRESIDENT BAILEY:   Call the 


                                                               4432

 1    roll.

 2                 (The Secretary called the roll.)

 3                 ACTING PRESIDENT BAILEY:   Announce 

 4    the results.

 5                 THE SECRETARY:   Ayes, 63.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1509, Assembly Print 4328A, substituted earlier 

10    by Assemblymember Englebright, an act to amend 

11    the Environmental Conservation Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.  

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1509, those Senators voting in the 

23    negative are Senators Helming and O'Mara.

24                 Ayes, 61.  Nays, 2.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4433

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1510, Senate Print 7107, by Senator Mannion, an 

 4    act to amend the Mental Hygiene Law.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:   Section 2.  This 

 8    act shall take effect 90 days after it shall have 

 9    become a law.

10                 ACTING PRESIDENT BAILEY:   Call the 

11    roll.

12                 (The Secretary called the roll.)

13                 ACTING PRESIDENT BAILEY:   Announce 

14    the results.  

15                 THE SECRETARY:   Ayes, 63.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 THE SECRETARY:   Calendar Number 

19    1511, Senate Print 7108, by Senator Mannion, an 

20    act to amend the Executive Law.

21                 ACTING PRESIDENT BAILEY:   Read the 

22    last section.

23                 THE SECRETARY:   Section 2.  This 

24    act shall take effect on the 180th day after it 

25    shall have become a law.


                                                               4434

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.  

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1512, Senate Print 7111, by Senator Hinchey, an 

11    act to amend the Agriculture and Markets Law.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 5.  This 

15    act shall take effect on the 180th day after it 

16    shall have become a law.  

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 THE SECRETARY:   Calendar Number 


                                                               4435

 1    1513, Assembly Bill 1456, substituted earlier by 

 2    Assemblymember Byrne, an act to amend the 

 3    Highway Law.

 4                 ACTING PRESIDENT BAILEY:   Read the 

 5    last section.

 6                 THE SECRETARY:   Section 2.  This 

 7    act shall take effect immediately.

 8                 ACTING PRESIDENT BAILEY:   Call the 

 9    roll.  

10                 (The Secretary called the roll.)

11                 ACTING PRESIDENT BAILEY:   Announce 

12    the results.

13                 THE SECRETARY:   Ayes, 63.

14                 ACTING PRESIDENT BAILEY:   The bill 

15    is passed.

16                 THE SECRETARY:   Calendar Number 

17    1514, Assembly Bill 7377, substituted earlier by 

18    Assemblymember Conrad, an act to incorporate the 

19    Kenilworth Volunteer Fire Company Benevolent 

20    Association and providing for its powers and 

21    duties.

22                 ACTING PRESIDENT BAILEY:   Read the 

23    last section.

24                 THE SECRETARY:   Section 2.  This 

25    act shall take effect immediately.


                                                               4436

 1                 ACTING PRESIDENT BAILEY:   Call the 

 2    roll.  

 3                 (The Secretary called the roll.)

 4                 ACTING PRESIDENT BAILEY:   Announce 

 5    the results.

 6                 THE SECRETARY:   Ayes, 63.

 7                 ACTING PRESIDENT BAILEY:   The bill 

 8    is passed.

 9                 THE SECRETARY:   Calendar Number 

10    1515, Senate Print 7119, by Senator Palumbo, an 

11    act to amend Chapter 387 of the Laws of 2013.

12                 ACTING PRESIDENT BAILEY:   Read the 

13    last section.

14                 THE SECRETARY:   Section 2.  This 

15    act shall take effect immediately.

16                 ACTING PRESIDENT BAILEY:   Call the 

17    roll.  

18                 (The Secretary called the roll.)

19                 ACTING PRESIDENT BAILEY:   Announce 

20    the results.

21                 THE SECRETARY:   In relation to 

22    Calendar 1515, voting in the negative:  Senator 

23    Skoufis.  

24                 Ayes, 62.  Nays, 1.

25                 ACTING PRESIDENT BAILEY:   The bill 


                                                               4437

 1    is passed.

 2                 THE SECRETARY:   Calendar Number 

 3    1516, Senate Print 7126, by Senator Stavisky, an 

 4    act to amend Chapter 381 of the Laws of 2012.

 5                 ACTING PRESIDENT BAILEY:   Read the 

 6    last section.

 7                 THE SECRETARY:  Section 2.  This act 

 8    shall take effect immediately.  

 9                 ACTING PRESIDENT BAILEY:   Call the 

10    roll.

11                 (The Secretary called the roll.)

12                 ACTING PRESIDENT BAILEY:   Announce 

13    the results.

14                 THE SECRETARY:   In relation to 

15    Calendar Number 1516, voting in the negative:  

16    Senator Krueger.

17                 Ayes, 62.  Nays, 1.

18                 ACTING PRESIDENT BAILEY:   The bill 

19    is passed.

20                 THE SECRETARY:   Calendar Number 

21    1517, Senate Print 7128, by Senator Brisport, an 

22    act to amend the Social Services Law.

23                 ACTING PRESIDENT BAILEY:   Read the 

24    last section.

25                 THE SECRETARY:   Section 3.  This 


                                                               4438

 1    act shall take effect immediately.  

 2                 ACTING PRESIDENT BAILEY:   Call the 

 3    roll.

 4                 (The Secretary called the roll.)

 5                 ACTING PRESIDENT BAILEY:   Announce 

 6    the results.

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is passed.

10                 THE SECRETARY:   Calendar Number 

11    1518, Senate Print 7148, by Senator Ramos, an act 

12    to amend the Labor Law.

13                 ACTING PRESIDENT BAILEY:   Read the 

14    last section.

15                 THE SECRETARY:   Section 16.  This 

16    act shall take effect immediately.

17                 ACTING PRESIDENT BAILEY:   Call the 

18    roll.

19                 (The Secretary called the roll.)

20                 ACTING PRESIDENT BAILEY:   Announce 

21    the results.

22                 THE SECRETARY:   Ayes, 63.

23                 ACTING PRESIDENT BAILEY:   The bill 

24    is passed.

25                 Senator Gianaris, that completes the 


                                                               4439

 1    reading of today's calendar.

 2                 SENATOR GIANARIS:   Mr. President, 

 3    at this time, after consulting with my colleague 

 4    Senator Lanza, can we remove the lay-asides and 

 5    restore to the calendar Calendar 852 and 

 6    Calendar 1480, please.  And then take those up.

 7                 ACTING PRESIDENT BAILEY:   Without 

 8    objection, so ordered.

 9                 The Secretary will read.

10                 THE SECRETARY:   Calendar Number 

11    852, Senate Print 5451A, by Senator Parker, an 

12    act directing the Department of Public Service to 

13    prepare a written report on the effect of the 

14    COVID-19 state of emergency.

15                 ACTING PRESIDENT BAILEY:   Read the 

16    last section.

17                 THE SECRETARY:   Section 4.  This 

18    act shall take effect immediately.

19                 ACTING PRESIDENT BAILEY:   Call the 

20    roll.

21                 (The Secretary called the roll.)

22                 ACTING PRESIDENT BAILEY:   Announce 

23    the results.

24                 THE SECRETARY:   In relation to 

25    Calendar 852, those Senators voting in the 


                                                               4440

 1    negative are Senators Akshar, Borrello, Gallivan, 

 2    Griffo, Helming, Jordan, Lanza, Oberacker, 

 3    O'Mara, Ortt, Rath, Serino, Stec, Tedisco and 

 4    Weik.

 5                 Ayes, 48.  Nays, 15.

 6                 ACTING PRESIDENT BAILEY:   The bill 

 7    is passed.

 8                 THE SECRETARY:   Calendar Number 

 9    1480, Senate Print 933A, by Senator Gianaris, an 

10    act to amend the General Business Law.

11                 ACTING PRESIDENT BAILEY:   Read the 

12    last section.

13                 THE SECRETARY:   Section 8.  This 

14    act shall take effect immediately.

15                 ACTING PRESIDENT BAILEY:   Call the 

16    roll.

17                 (The Secretary called the roll.)

18                 ACTING PRESIDENT BAILEY:   Senator 

19    Gianaris to explain his vote.

20                 SENATOR GIANARIS:   Thank you, 

21    Mr. President.

22                 We have a big problem in this 

23    country, and the problem is growing worse by the 

24    day, and that is one of too few very large 

25    companies having too much power over our economy.  


                                                               4441

 1                 Our current antitrust laws don't do 

 2    nearly enough to regulate the situation in 

 3    New York.  It's been over a century since our 

 4    antitrust laws were written.  And the regulators 

 5    are pleading for ammunition to tackle the 

 6    21st-century problem, and the laws we currently 

 7    have are not good enough.  

 8                 And so this legislation, which I'm 

 9    very proud of, will bring us forward, will give 

10    government the tools to go after the dominant 

11    players in the market that are squashing small 

12    and medium-sized companies, that are suffocating 

13    their ability to compete and are suffocating 

14    their ability to innovate.  It is the exact 

15    opposite -- what they are doing is the exact 

16    opposite of what our capitalistic economy should 

17    be doing, which is encouraging competition, 

18    encouraging innovation, and not limiting it to a 

19    small handful of players.

20                 Now, people concerned that are 

21    opposed to this legislation -- notably those that 

22    represent these giant mega-corporations, will 

23    tell you this is a radical reimagining of our 

24    antitrust laws.  And on that I agree with them.  

25    Because we have a desperate need to radically 


                                                               4442

 1    alter our regulatory efforts on antitrust and 

 2    over these companies, particularly in Big Tech, 

 3    who we see every day limiting the ability of 

 4    small and medium-sized companies to compete and 

 5    to innovate and to create jobs.

 6                 So don't let anyone tell you this is 

 7    an anti-business piece of legislation.  It is 

 8    quite the opposite.  This is a pro-business piece 

 9    of legislation that is supported by many small 

10    and medium-sized companies who have lost the 

11    ability to fairly compete in the marketplace.

12                 And so I encourage my colleagues to 

13    join me in supporting this important legislation 

14    that would set the tone for the nation.  It 

15    protects not only companies that are trying to 

16    thrive but also -- and importantly -- workers, 

17    who due to their lack of power in a marketplace 

18    dominated by a few players, do not have the 

19    ability to negotiate fair terms, benefits, 

20    salaries and the like.

21                 This is a problem that's getting 

22    worse by the day.  There is too much power in too 

23    few hands.  Our economy needs to be democratized, 

24    and this is a good way to do it.

25                 So I hope my colleagues in the 


                                                               4443

 1    Assembly will join us in passing this legislation 

 2    before our session adjourns.  I'm proud that 

 3    we're doing it here today, and I'm proud to cast 

 4    my vote in the affirmative, Mr. President.

 5                 ACTING PRESIDENT BAILEY:   Senator 

 6    Gianaris to be recorded in the affirmative.

 7                 Announce the results.

 8                 THE SECRETARY:   In relation to 

 9    Calendar 1480, those Senators voting in the 

10    negative are Senators Akshar, Borrello, Boyle, 

11    Brooks, Gallivan, Griffo, Helming, Jordan, 

12    Martucci, Mattera, Oberacker, O'Mara, Ortt, 

13    Palumbo, Rath, Ritchie, Serino, Stec, Tedisco and 

14    Weik.

15                 Ayes, 43.  Nays, 20.

16                 ACTING PRESIDENT BAILEY:   The bill 

17    is passed.

18                 Senator Gianaris, that completes the 

19    reading of today's calendar.

20                 SENATOR GIANARIS:   Okay, 

21    Mr. President.  At this time that concludes our 

22    substantive work for the day on the floor.  But 

23    at this time of year there's a number of 

24    procedural reasons why we need to stay in 

25    session, and so we are -- one moment, please.  


                                                               4444

 1                 Okay, we're going to, after I 

 2    conclude my remarks, recognize Senator Lanza for 

 3    a motion and also call a meeting of the 

 4    Finance Committee as soon as Room 332 becomes 

 5    available.  I believe there's another committee 

 6    meeting concluding there shortly.  And at that 

 7    point we will stand at ease.  But first recognize 

 8    Senator Lanza.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Lanza.

11                 SENATOR LANZA:   Thank you, Senator 

12    Gianaris.

13                 Mr. President, on page 46 I offer 

14    the following amendments to Calendar Number 1503, 

15    Senate Print 6758, and ask that said bill retain 

16    its place on Third Reading Calendar.  That's on 

17    behalf of Senator Griffo.

18                 ACTING PRESIDENT BAILEY:   The 

19    amendments are received, and the bill shall 

20    retain its place on the Third Reading Calendar.

21                 Senator Gianaris.

22                 SENATOR GIANARIS:   Okay, 

23    Mr. President.  So as discussed, let's call a 

24    meeting of the Finance Committee as soon as 

25    Room 332 is available, which we expect to be 


                                                               4445

 1    shortly, and stand at ease from there.

 2                 ACTING PRESIDENT BAILEY:   There 

 3    will be an immediate meeting of the 

 4    Finance Committee in Room 332 once the space 

 5    becomes available.  

 6                 As such, the Senate will stand at 

 7    ease.

 8                 (Whereupon, the Senate stood at ease 

 9    at 2:52 p.m.)

10                 (Whereupon, the Senate reconvened at 

11    7:08 p.m.)

12                 ACTING PRESIDENT BAILEY:   The 

13    Senate will return to order.

14                 Senator Gianaris.

15                 SENATOR GIANARIS:   Mr. President, 

16    there is a report of the Finance Committee at the 

17    desk.  Please take that up.

18                 ACTING PRESIDENT BAILEY:   The 

19    Secretary will read.

20                 (Pause.)

21                 THE SECRETARY:   Senator Krueger, 

22    from the Committee on Finance, reports the 

23    following bills:  

24                 Senate Print 7188, by 

25    Senator Krueger, an act to amend Chapter 53 of 


                                                               4446

 1    the Laws of 2021.

 2                 Senate Print 7195, by 

 3    Senator Stewart-Cousins, an act to amend 

 4    Chapter 50 of the Laws of 2021.  

 5                 Both bills reported direct to third 

 6    reading.

 7                 SENATOR GIANARIS:   Mr. President, I 

 8    believe there's a second report of the 

 9    Finance Committee at the desk.  Can we take that 

10    up as well.  

11                 ACTING PRESIDENT BAILEY:   The 

12    Secretary will read.

13                 THE SECRETARY:   Senator Krueger, 

14    from the Committee on Finance, reports the 

15    following nominations:  

16                 As Superintendent of the State 

17    Police:  Kevin P. Bruen.  

18                 As Commissioner of the Tax Appeals 

19    Tribunal:  Cynthia M. Monaco.  

20                 As Commissioner of the Commission of 

21    Human Rights:  Licha M. Nyiendo.

22                 As Director of the Authorities 

23    Budget Office:  Jeffrey H. Pearlman, Esq.

24                 As Member of the State Commission of 

25    Correction:  Yolanda Canty.


                                                               4447

 1                 As Members of the New York State 

 2    Housing Finance Agency:  Sarah McKeown Singman 

 3    and Bethaida Gonzalez.

 4                 As Trustee, Power Authority of the 

 5    State of New York:  Bethaida Gonzalez.

 6                 As Members of the Palisades 

 7    Interstate Park Commission:  Mariko Silver and 

 8    Lisa Garcia.

 9                 As Member of the Public Employment 

10    Relations Board:  Rosemary A. Townley.

11                 As Commissioner of the Civil Service 

12    Commission:  Lani Jones. 

13                 As Member of the Industrial Board of 

14    Appeals:  Sandra Abeles.

15                 As Members of the State Council on 

16    the Arts:  Catherine Schwoeffermann; Lawrence 

17    Howard Cook; Aaron Albert Flagg; Andrea Louie; 

18    Carolee Fink; David Alan Miller; Adriana Maria 

19    Trigiani; Monica Angle; James Lemons.  

20                 As Trustees of the SUNY Board of 

21    Trustees:  Joseph Warren Belluck; Eunice A. 

22    Lewin; Edward M. Spiro; Eric Corngold; Stanley S. 

23    Litow; Cesar A. Perales; Courtney E. Burke.

24                 As Member of the State University 

25    Construction Fund:  Kisha Santiago-Martinez.


                                                               4448

 1                 As Member of the SUNY College of 

 2    Environmental Science and Forestry:  

 3    Oluwole McFoy.  

 4                 As Trustees of the CUNY Board of 

 5    Trustees:  Brian Obergfell; Jill 

 6    O'Donnell-Tormey, PhD; Mayra S. Linares-Garcia; 

 7    Kenneth M. Sunshine; Angelo V. Vivolo; 

 8    Henry Berger; Dr. Herminia Palacio; 

 9    Robert Mujica. 

10                 As Commissioner of the 

11    Port Authority of New York and New Jersey:  

12    Steven M. Cohen.

13                 As Directors of the New York State 

14    Urban Development Corporation:  Sharon Anne 

15    Miriam Glied; Michael K. Rozen, LLP; Rhonda 

16    Weingarten.

17                 As Director of the New York State 

18    Environmental Facilities Corporation:  

19    Adam Zurofsky.

20                 As Member of the Justice Center 

21    Advisory Council:  Megan C. O'Connor-Herbert.

22                 As Members of the Metropolitan 

23    Transportation Authority:  Harold Porr, III, and 

24    Gerard Bringmann. 

25                 As Member of the State Insurance 


                                                               4449

 1    Fund:  Kenneth R. Theobalds.  

 2                 As Commissioners of the 

 3    Gateway Development Commission:  Marie Therese 

 4    Dominguez, Steven M. Cohen, Jamey A. Barbas.  

 5                 As Members of the Administrative 

 6    Review Board for Professional Medical Conduct:  

 7    Carmela Torrelli and Richard Milone, MD.  

 8                 As Members of the Behavioral Health 

 9    Services Advisory Council:  Roxanne Marie 

10    Lewin, MD; Sabina Lim, MD; Kathy Gardini; 

11    Diane Blohm; Patricia Marsik; Judge Robert T. 

12    Russell.  

13                 As Members of the Central New York 

14    State Park, Recreation, and Historic Preservation 

15    Commission:  Bethaida Gonzalez and Lawrence 

16    Carpenter.

17                 As Members of the Continuing Care 

18    Retirement Community Council:  Herbert H. 

19    Freidman and Madeline Lee.  

20                 As Members of the New York State 

21    Gaming Commission:  Christopher Robert Riano and 

22    Peter J. Moschetti, Jr.

23                 As Members of the Public Health and 

24    Health Planning Council:  Roxanne Marie Lewin, 

25    MD; Sabina Lim, MD; Jo Ivey Boufford, MD; 


                                                               4450

 1    Kevin D. Watkins, MD; Nilda I. Soto; Patricia 

 2    Yang, DrPH.  

 3                 As Member of the State Board for 

 4    Historic Preservation:  Gretchen S. Sorin, PhD.

 5                 As Members of the State Camp Safety 

 6    Advisory Council:  Randolph R. DeFrank and 

 7    Jamie Sirkin. 

 8                 As Member of the State Public 

 9    Transportation Safety Board:  Frank W. Kobliski. 

10                 As Director of the State of New York 

11    Mortgage Agency:  Havidan Rodriguez.  

12                 As Member of the Olympic Regional 

13    Development Authority:  Frank Cardinale.

14                 As Member of the Higher Education 

15    Service Corporation:  Andrew Sherman.  

16                 As Trustee of the City University 

17    Construction Fund:  Alan Lee Van Capelle.  

18                 As Member of the Board of Directors 

19    of the Great Lakes Protection Fund:  

20    Judy Drabicki.

21                 As Member of the Board of Visitors 

22    of the Buffalo Psychiatric Center:  

23    Swarnjeet Bhatia.  

24                 As Member of the Board of Visitors 

25    for the New York State Home for Veterans and 


                                                               4451

 1    Their Dependents at Batavia:  Marlene L. Roll.  

 2                 As Member of the Board of Visitors 

 3    for the Taconic Developmental Disabilities 

 4    Service Office:  Angela Paul.  

 5                 As Member of the Board of Visitors 

 6    of the Capital District Psychiatric Center:  

 7    Charlene Ann Hrachian.

 8                 As Members of the Board of Visitors 

 9    of the Central New York Forensic Psychiatric 

10    Center:  Philip E. McDowell and Ronald Wright.  

11                 As Member of the Board of Visitors 

12    of the Finger Lakes Developmental Disabilities 

13    Services Office:  Sherilyn Coleman-Ferrer.  

14                 As Member of the Board of Visitors 

15    of the Greater Binghamton Health Center:  

16    Michael Kritkausky.  

17                 As Member of the Board of Visitors 

18    of the New York City Children's Center:  

19    Jessica B. Brito.  

20                 As Member of the Board of Visitors 

21    of the South Beach Psychiatric Center:  

22    Michele D. Rampino.  

23                 As Member of the Board of Visitors 

24    of the St. Lawrence Psychiatric Center:  

25    Christian Taylor.  


                                                               4452

 1                 As Member of the Board of Visitors 

 2    of the Western New York Children's Psychiatric 

 3    Center:  Steven Nelson.  

 4                 As Members of the Capital District 

 5    Transportation Authority: Joseph M. Spairana, 

 6    Jr., and Peter D. Wohl.  

 7                 As Members of the Central New York 

 8    Regional Transportation Authority:  

 9    Neil Milcarek-Burke, Julius L. Lawrence, Jr., 

10    Monte Flynn and Anthony Q. Davis, Sr.

11                 As Members of the Finger Lakes State 

12    Park, Recreation, and Historic Preservation 

13    Commission:  Nicolette Wagoner and Sharon L. 

14    Miller.  

15                 As Member of the Genesee State Park, 

16    Recreation, and Historic Preservation Commission:  

17    Gail Serventi.  

18                 As Members of the Long Island State 

19    Park, Recreation, and Historic Preservation 

20    Commission:  Linda Armyn and Bryan Erwin.  

21                 As Member of the Minority Health 

22    Council:  Mille Etienne, MD.  

23                 As Director of the New York 

24    Convention Center Operating Corporation:  

25    Quenia Abreu and Joseph F. Chan.  


                                                               4453

 1                 As Members of the Rochester-Genesee 

 2    Regional Transportation Authority:  Terrance 

 3    Rice; Daniel Kuntz; Donald Jeffries; Judith 

 4    Ahlfeld Seil; Susanne Carlock; Brian Young.  

 5                 As Member of the Saratoga-Capital 

 6    District State Park, Recreation, and Historic 

 7    Preservation Commission:  Clifford Oliver Mealy.  

 8                 As Commissioner of the State 

 9    Athletic Commission:  Lino Garcia.  

10                 As Member of the Stewart Airport 

11    Commission:  Heather Howley.  

12                 As Members of the Thousand Islands 

13    State Park, Recreation, and Historic Preservation 

14    Commission:  Anastasia Praatt, PhD, and 

15    Lauren Piche.  

16                 As Member of the Veterans' Services 

17    Commission:  Cheryl Dupris.

18                 (Pause.)

19                 ACTING PRESIDENT BAILEY:   The bills 

20    that were previously read were read in error and 

21    are not before the house and are not a part of 

22    the Finance report.

23                 Senator Gianaris.

24                 SENATOR GIANARIS:   I will move to 

25    accept the report of the Finance Committee that 


                                                               4454

 1    was properly before us then, Mr. President.

 2                 ACTING PRESIDENT BAILEY:   Senator 

 3    Gianaris.

 4                 SENATOR GIANARIS:   Once again, I 

 5    move to accept the report of the 

 6    Finance Committee that contains the nominations.

 7                 Mr. President, please recognize 

 8    Senator Krueger.

 9                 ACTING PRESIDENT BAILEY:   Senator 

10    Krueger.

11                 SENATOR KRUEGER:   Good evening, 

12    Mr. President.  It's been a long day in the 

13    Finance Committee nominating quite a list of 

14    people to various positions.  

15                 The Finance Committee has completed 

16    its work, you have read them into the record.  I 

17    would just like to go on record on behalf of all 

18    of them.  

19                 We want to thank them for being 

20    willing to do their public service for the State 

21    of New York.  A few of them are getting hired 

22    into jobs where they will have full-time 

23    commitments to us, but most of them are agreeing 

24    to serve in voluntary positions across the board 

25    on issues that are important to the State of 


                                                               4455

 1    New York, from education to our historic 

 2    preservation and our parks, to healthcare, to 

 3    mental healthcare, to regional transportation 

 4    issues.  The list goes on and on.  

 5                 And sometimes we forget -- the 

 6    Council on the Arts, Board of Trustees of CUNY 

 7    and SUNY -- we forget how many citizens of 

 8    New York agree to be our volunteer experts in 

 9    these critical agencies.  

10                 And so I just, on behalf of the 

11    Senate, want to thank them for their service and 

12    their willingness to continue to take on these 

13    jobs, because they often go unheard-of and 

14    unknown for their work.

15                 And of course for the people we're 

16    nominating to important employed jobs for the 

17    State of New York, let's face it, we need those 

18    commissioners and superintendents and critical 

19    members of our agencies and authorities in order 

20    to continue to have everything operate.

21                 So again, I want to wish them all a 

22    thank you, look forward to continuing to work 

23    with them, and I open it up for any member of the 

24    Senate who wishes to speak on any nominees.

25                 Thank you, Mr. President.


                                                               4456

 1                 ACTING PRESIDENT BAILEY:   Thank 

 2    you, Senator Krueger.

 3                 Senator Breslin.

 4                 SENATOR BRESLIN:   Thank you, 

 5    Mr. President.

 6                 Mr. President, I request to be 

 7    excused from the voting on Peter Wohl to become a 

 8    member of the Capital District Transit Authority.

 9                 ACTING PRESIDENT BAILEY:   Without 

10    objection, so ordered.

11                 SENATOR BRESLIN:   Thank you, 

12    Mr. President.

13                 ACTING PRESIDENT BAILEY:   Thank 

14    you, Senator Breslin.

15                 Senator O'Mara.

16                 SENATOR O'MARA:   Yes, thank you, 

17    Mr. President.  

18                 I rise on these nominations here at 

19    7:20 at night on a Monday.  I too, as 

20    Senator Krueger did, wish to commend each and 

21    every one of these nominees who have been put up 

22    for these positions by Governor Cuomo, both paid 

23    and unpaid.  Some of which are new to the roles, 

24    some of which are being reappointed, some of 

25    which are in acting positions and moving into a 


                                                               4457

 1    more permanent position.  And I thank them for 

 2    their commitment to service.

 3                 However, I must vote against this 

 4    entire slate of nominees, based on the process 

 5    and the times we find ourselves in.  

 6                 The process is that these nominees 

 7    were put up to the Senate just last week.  We 

 8    have had insufficient time or opportunity to look 

 9    into the backgrounds and/or vet these 

10    candidates -- some of whom I know and I know will 

11    do a good job and have done a good job.  

12                 But it's the process that's rotten 

13    here, a process that hasn't afforded us 

14    appropriate time for members of this Senate to 

15    review these appointees.  A process where we find 

16    ourselves in the midst of several impeachment 

17    investigations, and these gubernatorial nominees 

18    being appointed will continue to serve even after 

19    any potential impeachment from the Governor 

20    before us.

21                 There is no reason that we have to 

22    act on these appointments today.  The Senate can 

23    reconvene at any time.  Despite the fact this is 

24    the last week of our normal session, we can come 

25    back at any time.  We can give the investigations 


                                                               4458

 1    time to complete themselves.  The businesses of 

 2    these agencies and departments will continue to 

 3    function with or without these appointments being 

 4    made permanent.  And we would give ample time, I 

 5    hope, for the investigations to be completed on 

 6    what's the next step in the impeachment 

 7    process -- if any -- for this Governor.

 8                 So for those reasons, I am 

 9    constrained to vote nay on each of these 

10    nominees.  

11                 Thank you, Mr. President.

12                 ACTING PRESIDENT BAILEY:   The 

13    question is on the nominations.

14                 All in favor say aye.

15                 (Response of "Aye.")

16                 ACTING PRESIDENT BAILEY:   Opposed?

17                 (Response of "Nay.")

18                 ACTING PRESIDENT BAILEY:   The 

19    nominees are confirmed.

20                 Senator Gianaris.

21                 SENATOR GIANARIS:   Mr. President, 

22    on receiving the request of more than five 

23    members, I ask that the negative votes be 

24    recorded in the Journal and any Senator wishing 

25    to be recorded in the negative on any of these 


                                                               4459

 1    nominees please inform the counsel staff of 

 2    either the Majority or the Minority with that 

 3    information.

 4                 ACTING PRESIDENT BAILEY:   It is so 

 5    ordered.

 6                 Senator Gianaris.

 7                 SENATOR GIANARIS:   Mr. President, 

 8    if we could return back to motions for a moment, 

 9    amendments are offered to the following 

10    Third Reading Calendar bills:

11                 By Senator Ramos, Calendar 1594, 

12    Senate Print 7135;

13                 And by Senator Comrie, 

14    Calendar 1539, Senate Print 4323B. 

15                 ACTING PRESIDENT BAILEY:   The 

16    amendments are received, and the bills shall 

17    retain their place on the Third Reading Calendar.

18                 SENATOR GIANARIS:   And I also wish 

19    to call up Senate Print 5671A, which was recalled 

20    from the Assembly and is now at the desk.

21                 ACTING PRESIDENT BAILEY:   The 

22    Secretary will read.

23                 THE SECRETARY:   Calendar Number 

24    950, Senate Print 5671A, by Senator Breslin, an 

25    act to amend the General Municipal Law.


                                                               4460

 1                 SENATOR GIANARIS:   Move to 

 2    reconsider the vote by which this bill was 

 3    passed.

 4                 ACTING PRESIDENT BAILEY:   The 

 5    Secretary will call the roll on reconsideration.

 6                 (The Secretary called the roll.)

 7                 THE SECRETARY:   Ayes, 63.

 8                 ACTING PRESIDENT BAILEY:   The bill 

 9    is restored to its place on the Third Reading 

10    Calendar.

11                 SENATOR GIANARIS:   I offer the 

12    following amendments.

13                 ACTING PRESIDENT BAILEY:   The 

14    amendments are received.

15                 SENATOR GIANARIS:   Is there any 

16    further business at the desk?

17                 ACTING PRESIDENT BAILEY:   There is 

18    no further business at the desk.

19                 SENATOR GIANARIS:   Move to adjourn 

20    until tomorrow, Tuesday, June 8th, at 12:00 noon.

21                 ACTING PRESIDENT BAILEY:   On 

22    motion, the Senate stands adjourned until 

23    Tuesday, June 8th, at 12:00 p.m.

24                 (Whereupon, at 7:23 p.m., the Senate 

25    adjourned.)